Drug and alcohol testing is more common in Alberta than in many other provinces — especially in oil and gas, construction, transportation, and other safety-sensitive industries. But even in these sectors, employers must follow strict rules when testing employees.

Here’s what Alberta workers need to know about testing, privacy, and their rights if an employer demands a drug or alcohol test.

Can Employers Require Drug or Alcohol Testing in Alberta?

Yes — but only in very specific circumstances.

Testing policies in Alberta must be:

  • Reasonable
  • Safety-based
  • Necessary for the job
  • Consistent with privacy and human rights laws
ℹ️ Employers can’t test employees simply because they suspect off-duty use or want to “check” compliance.

When Is Drug or Alcohol Testing Allowed in Alberta?

1. Safety-Sensitive Work Environments

Alberta has many industries where impairment can lead to serious accidents, including:

  • Oil and gas sites
  • Energy production
  • Construction
  • Industrial operations
  • Commercial driving

If a role is truly safety-sensitive, testing may be justified.

2. Reasonable Cause Testing

Employers may test when there are specific, objective signs of impairment, such as:

  • Odour of alcohol or cannabis
  • Slurred speech
  • Unsafe behaviour
  • Sudden unexplained changes in performance
  • Visible signs of drug use

Suspicion must be documented — it can’t be based on assumptions.

3. Post-Incident or Post-Accident Testing

Testing may be permitted after:

  • A workplace injury
  • A near-miss
  • A significant safety breach

There must be a reasonable belief that impairment could have contributed.

4. Return-to-Work or Rehabilitation Agreements

An employee returning from addiction treatment may have a testing plan as part of their accommodation.

This plan must be:

  • Reasonable
  • Time-limited
  • Tailored to the individual
  • Supportive, not punitive

Are Random Drug Tests Legal in Alberta?

Generally no — even in high-risk industries.

Random testing is only lawful if an employer can prove:

  • The job is safety-sensitive
  • There is a well-documented history of substance-related safety problems
  • Testing is necessary to reduce an ongoing safety risk
  • Privacy rights are respected
ℹ️ Alberta courts have repeatedly struck down random testing policies that go too far.

Pre-Employment Drug Testing in Alberta

Pre-employment drug testing is more common in Alberta, but it still has legal limits.

Employers must ensure that testing does not:

  • Violate privacy
  • Reveal disabilities (like addiction) without accommodation
  • Lead to discrimination
  • Create barriers for applicants who may need treatment or support
⚠️ Failing—or refusing—a pre-employment test can’t automatically disqualify a candidate without human rights considerations.

Can You Be Fired for Failing a Drug or Alcohol Test in Alberta?

It depends on the situation.

An employer may discipline or terminate if:

  • You worked impaired in a safety-sensitive role
  • You knowingly violated a clear policy
  • Your actions put others at risk

An employer can’t fire you if:

  • Addiction is a factor (addiction = disability)
  • They failed to offer accommodation
  • The policy is unclear or inconsistent
  • The test itself was unjustified
⚠️  Any termination that ignores accommodation obligations could be a wrongful dismissal, often involving substantial severance pay.

Addiction & Human Rights Protections in Alberta

Under the Alberta Human Rights Act, addiction is recognized as a disability.

Employers must accommodate employees struggling with:

  • Drug dependency
  • Alcohol dependency
  • Substance use disorders

This can include:

  • Medical leave
  • Acccommodation
  • Referral to treatment
  • Modified duties
  • A gradual return-to-work plan
  • Scheduling flexibility
⚠️  An employer must accommodate up to undue hardship, which is a high standard.

What Makes an Alberta Drug & Alcohol Policy Legal?

A valid policy must be:

  • Focused on safety, not control
  • Transparent and written
  • Applied fairly
  • Respectful of privacy
  • Aligned with addiction accommodation obligations
💡  Policies that overreach or fail to account for human rights can be challenged.

What Should You Do If You’re Being Tested or Disciplined in Alberta?

If your employer is demanding a test, accusing you of impairment, or disciplining you under a drug and alcohol policy, talk to an employment lawyer immediately.

You may be facing:

  • An illegal testing request
  • A failure to accommodate
  • Wrongful discipline
  • Wrongful dismissal
  • A severance package that’s far too low

Samfiru Tumarkin LLP can review the policy, explain your rights, and tell you exactly what your employer is allowed to do — and what they’re not.

Speak to an Employment Lawyer About Drug & Alcohol Testing in Alberta

If your employer is demanding a drug or alcohol test, disciplining you for alleged impairment, or threatening termination, get legal advice before you respond.

Alberta law places strict limits on testing, and many employees are treated unfairly — especially when addiction or medical issues are involved.

Our team at Samfiru Tumarkin LLP can review the policy, explain what your employer is legally allowed to do, and tell you exactly what your rights are.
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📞 Call 1-855-821-5900 or contact us online for clear, confidential advice.

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

Drug or Alcohol Testing at Work? Know Your Rights.

Our employment lawyers can review the policy, explain what your employer is allowed to do, and protect your rights before you sign or agree to anything.

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