What if a client tells you their employer requested a drug and alcohol test?

General Rule: Employers usually cannot ask someone to take a drug and alcohol test just to see if they have used drugs and/or alcohol. It is also very rare that this will happen to your client at their job. Most employers in Ontario do not and cannot do this. 

Exception: An employer can ask for a drug or alcohol test if they can prove there is a connection between taking the test and the person being able to do their job properly and safely. However, there is a very high threshold for proving this connection that the employer will need to meet. Some examples of when this connection might be found include:

• Previous and frequent issues caused by employees using drugs or alcohol at work
• If the employer reasonably believes the employee came to work impaired by drugs or alcohol
• If the employee has returned to work after having had treatment for drug or alcohol abuse
• If the employee was involved in a workplace accident

Using heavy machinery/equipment is not a good enough reason to request this test. Doing a job that might be considered dangerous is not a good enough reason to request this test.

If an employer asks your client to take this test, it could be a violation of their rights and/or might constitute discrimination.

How You Can Help:

• Step 1: If your client’s employer has asked them for a drug or alcohol test, point your client to resources for additional information on whether this request might be unreasonable.
• Step 2: If your client believes the request is unreasonable or is unsure about it, they should get legal advice. Help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline, or check if their local legal clinic provides services related to employment issues and refer them there.
• Step 3: If your client has been fired or punished because of the results of a drug or alcohol test, they might be able to take legal action against their employer. Tell your client that there are different options which might be available to them but that there can be complicated processes, sometimes with high fees. If they want more information, they should get legal advice. Help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline, or check if their local legal clinic provides services related to employment issues and refer them there.