Drug and alcohol policies are common in Canadian workplaces, especially in safety-sensitive jobs. But many employees don’t know what these policies can legally include — or what their rights are if they’re tested, suspected of impairment, or struggling with addiction.

Below is a simple, clear guide to how drug and alcohol rules work in Canadian workplaces, when testing is allowed, and how human rights protections apply.

Are Drug and Alcohol Policies Legal in Canadian Workplaces?

Yes. Employers in Canada are allowed to create policies that address drugs, alcohol, and impairment at work. These policies must be:

  • Clear
  • Consistent
  • Fair
  • Non-discriminatory
  • Respectful of privacy rights

Employers must balance health and safety with an employee’s right to privacy and dignity.

Employees should always receive:

  • A written copy of the policy
  • Training or explanation on how the policy works
  • Notice before any testing begins
  • A process to raise accommodation needs

When Can Employers Legally Test for Drugs or Alcohol in Canada?

Drug and alcohol testing is heavily restricted in Canada. It is not automatically legal just because an employer wants it.

Testing is generally allowed only in these situations:

  1. Safety-Sensitive Job Roles
    Jobs where impairment could cause serious harm (e.g., heavy equipment, driving, industrial work). Even here, testing must be justified.
  2. Reasonable Cause Testing
    If the employer observes signs of impairment, such as slurred speech, odour of alcohol, erratic behaviour, and unsafe work performance.
  3. Post-Incident Testing
    After a workplace accident or near-miss where impairment could be a factor.
  4. Return-to-Work Agreements
    Following addiction treatment or past impairment incidents, if the policy is clear and fairly applied.

Is Random Drug or Alcohol Testing Legal in Canada?

Rarely.
Canadian courts have repeatedly ruled that random testing is only legal in exceptional situations, such as:

  • A safety-sensitive workplace
  • A documented history of significant, ongoing safety problems
  • Strong evidence that impairment is a real, recurring risk
💡 Employers can’t impose random testing simply to “check” on employees.

Are Pre-Employment Drug Tests Legal in Canada?

Pre-employment drug testing is not fully banned — but it is legally risky for employers.

A test at the hiring stage may violate:

Testing that reveals a disability (such as addiction) may create employer liability if the candidate is then rejected.

ℹ️ Some industries (transportation, energy, construction) have stricter rules, but the same human-rights protections still apply.

Can You Be Fired for Being Drunk or High at Work?

It depends on the situation.

An employer may discipline or terminate an employee if:

  • They ignore a clear safety policy
  • They attend work impaired
  • They commit misconduct because of impairment
  • Their actions put others at risk

An employer can’t terminate an employee if:

  • The impairment is linked to addiction, which is recognized as a disability
  • The employer failed to accommodate the addiction
  • The drug and alcohol policy is unclear, harsh, or inconsistently enforced

This is where human rights law becomes crucial.

Addiction, Alcoholism & Human Rights in Canada

Addiction — whether to alcohol or drugs — is recognized nationwide as a disability.

This gives employees important protections, including:

Accommodation Rights

Employers must explore meaningful accommodation, such as:

  • Modified duties
  • Medical leave
  • Rehab or treatment programs
  • A gradual return to work
  • Adjusted schedules

Limits on Discipline

Employees can’t be punished for having a disability.

Undue Hardship

Accommodation must be provided unless it causes significant difficulty or risk.

⚠️ Firing someone solely because they have an addiction is discrimination.

Substance Use Policies Must Be Fair & Consistent

Policies that are too harsh or unclear are often unenforceable.A lawful drug and alcohol policy must:

  • Apply to everyone (not selective groups
  • Distinguish between impairment and lawful off-duty use
  • Respect medical privacy
  • Include accommodation options
  • Explain testing procedures
  • Outline consequences clearly
💡 Policies that are too harsh or unclear are often unenforceable.

What If You’re Being Tested or Disciplined at Work?

If your employer is testing you, accusing you of impairment, or disciplining you under a drug or alcohol policy, get legal advice. Many employees are disciplined or fired unfairly, especially when addiction or medical conditions are involved.

An employment lawyer can tell you if:

  • The testing was legal
  • The policy violates your rights
  • You should have been accommodated
  • The discipline or termination is wrongful
  • You may be owed significant severance pay

Speak to an Employment Lawyer About Drug & Alcohol Policies in the Workplace

If you’re being tested, disciplined, or facing termination because of a workplace drug or alcohol policy, the team at Samfiru Tumarkin LLP can help.

We’ll explain your rights, review the policy, and tell you exactly what you’re owed before you sign anything.
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📞 Contact us today at 1-855-821-5900 or online to get clear advice about your situation.

⚠️ Unionized? Only your union can represent you. By law, employment lawyers can’t represent unionized employees.

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