Citation

Miedema A, Hall C. Can. Mining J. 2006; 127(6): 25-27.

Affiliation

Toronto Employment and Labour Group, National Law Firm Fraser Milner Casgrain LLP

Copyright

(Copyright © 2006, Business Information Group)

DOI

unavailable

PMID

unavailable

Abstract

Drug and alcohol testing in the mining industry can reduce accidents and industrial injuries. An employer may reduce the risk of its policy being rewritten by courts by careful legal review to ensure that policies distinguish between casual users and abusers. Employers in the mining industry who choose to implement drug and alcohol testing programs must prepare a carefully drafted policy that have three critical points. The policy should provide for a confidential testing process conducted by a professional firm with expertise in drug and alcohol testing. The policy should not treat all drug and alcohol users as abusers and should recognize that many drugs and alcohol users are casual users. The policy should provide for treatment and rehabilitation of addicted workers, and should not provide for immediate dismissal of workers who test positive. Employers should seek legal advice on proper drafting of policies to understand the potential challenges of drug and alcohol testing programs.