Pre-employment or
pre-access screening
– unionized
As noted above, where an employer and
union bargain for specific rules or processes
around drug testing, they are generally
deemed acceptable. However, where an
employer unilaterally seeks to impose new
rules regarding pre-employment or preaccess
screening, without bargaining for
those with the union, the employer is likely
to face an uphill battle in successfully implementing
the policy.
Unilateral imposition of a policy requiring
pre-access and pre-employment screening
for drugs and alcohol in a unionized
setting has repeatedly been struck down
via grievance arbitrations, with multiple
arbitrators overturning such policies as
an unreasonable invasion of the individual
employees’ privacy. Pre-access and preemployment
testing has generally been
treated the same as random drug and alcohol
testing. Even in safety-sensitive or
dangerous workplaces, an employer cannot
generally impose speculative alcohol or
drug testing, which infringes on employee
privacy in the interests of deterrence.
What are we supposed to
do now?
From the perspective of a general contractor
or owner, the goal of maintaining a safe
worksite is paramount. But how does testing
for THC further that goal? Because cannabis
metabolites are fat soluble, they build
up in body fat with regular use and as a result,
regular or long-term users will continue
to excrete cannabis metabolites in their
urine for up to 30 or more days after the last
ingestion of cannabis.
LEGAL MATTERS
Leading with Science®
Tetra Tech’s scientists and engineers are
developing sustainable solutions for the
world’s most complex projects. With 3,500
employees in Canada and 17,000 associates
worldwide, we have grown to become one of
North America’s largest engineering firms.
CCIL Materials testing laboratories
Regina
2252 2nd Avenue
306.347.4000
Saskatoon
Unit 20 – 3942 Burron Avenue
306.659.6101
tetratech.com/canada
One Stop Shop For All Your Equipment Needs
Crushing Parts
Screening Parts
Conveying Parts
Wear Parts
Undercarriage Parts/Cutting Edges
AND MORE!
11458 Winterburn Road NW, Edmonton, AB T5S 2Y3
Phone: (866) 434-6700 • Email: info@bargerparts.com • www.bargerparts.com
BIALASIEWICZ / 123RF STOCK PHOTO
thinkbigmagazine.ca | Quarter 3 2018 | Think BIG 55
/canada
/www.bargerparts.com
/thinkbigmagazine.ca
link