Canadian Lawyer InHouse

Oct/Nov 2010

Legal news and trends for Canadian in-house counsel and c-suite executives

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Finding the approa righ A heated battle rages on over the controversial, and at times confusing, Canadian approach to alcohol and drug testing in the workplace. By Robert Todd 26 • OCTOBER 2010 When Irving Pulp & Paper Ltd. rolled out a new measure to help ensure workplace safety at its kraft pulp mill in Saint John, N.B., in February 2006, the company was aware of the potentially catastrophic impact a serious accident at the heavy industrial facility could have on employees, the sur- rounding community, and the environ- ment. So Irving decided to roll out its "pol- icy on alcohol and other drug use," which would see employees in safety-sensitive positions subjected to random alcohol test- INHOUSE ing using a calibrated breathalyzer. The policy was poised to add a new tier of workplace safety, and seemed air- tight: it had already been backed by an arbitrator in 2002, a decision that came after a group of 14 locals from the Communications, Energy and Paperworkers Union of Canada com- bined forces against it. Moreover, the company had announced plans to adopt the strategy months before implementing it, and offered education and awareness TODD JULIE

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