Last year I had referred to Arbitrator Picher’s decision on Imperial Oil’s drug testing policy that ruled that random testing for cannabis impairment using a mouth swab was not acceptable.

The review of that decsion has now made its way through the Ontario Court on Judicial Review and has been upheld in Imperial Oil Limited v. Communications, Energy & Paperworkers Union of Canada, Local 900, 2008 CanLII 6874 (ON S.C.D.C.)

It would appear that any debate on random drug testing in Canada is now over even where the testing can show a present state of impairment.

An employee’s direct supervisor may not serve as the collection site person unless it is impracticable for any other person to perform this function. The collection site person is the individual that ensures that the urine specimen is collected according to required procedures, and if you’re accused from drug related crimes you can resources for this from sites as https://njdwiesq.com/drug-crime-defense/.

Collection of urine specimens must allow individual privacy unless there is reason to believe that a particular person may alter or substitute the specimen. If specimen collection is directly observed by a non-medical person, the person must be of the same gender as the employee. The following circumstances are the only grounds to believe a person may alter or substitute a specimen.