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Program
Drug and alcohol testing can be key to workplace safety, but raises challenges of balancing safety and privacy rights. This webinar will explore justification for drug and alcohol testing, accommodation processes, reasonable cause testing, and post-incident testing. Specifically, the following questions will be addressed:
- When can employers request that an employee submit to reasonable cause or post-incident testing?
- When is pre-placement, pre-access, and random testing justified? Does this analysis differ for safety-sensitive positions?
- What are recent examples of alcohol and drug testing or monitoring mechanisms that are deemed a) minimally intrusive and justified or b) excessively intrusive and in violation of privacy rights?
- What privacy rules must employers adhere to when requesting drug and alcohol tests or utilizing monitoring mechanisms?
Drug and alcohol testing can be key to workplace safety, but raises challenges of balancing safety and privacy rights. This webinar will explore justification for drug and alcohol testing, accommodation processes, reasonable cause testing, and post-incident testing. Specifically, the following questions will be addressed:
- Can an employer require that employees undertake treatment for alcohol or substance use disorder as part of an accommodation process? Can an employer designate a specific treatment program even if an employee provides an alternative treatment option? Can an employer enforce monitoring mechanisms?
- Can employers impose discipline for alcohol or substance use without inquiring about an employee’s disability? What if an employee does not disclose a disability requiring accommodation? What is the role of the union in this process?
