The ruling could affect Canadian drivers whose work requires them to enter the United States, which subjects all transportation workers to random drug and alcohol tests. Canada does not require drug tests for commercial vehicle operators, but trucking companies that send their drivers into the U.S. do conduct tests in compliance with U.S. regulations.
In a case decided July 21, the Ontario Court of Appeals — the top provincial court — ruled that requiring random urine tests violates the province’s Human Rights Code because the tests do not measure the level of impairment, only the presence of substances.
The tests could reveal facts about an employee that should not be available to an employer under privacy protections, the court said.
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