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April 12, 2021

Question from Maria Younan ([email protected])

We are currently updating our drug and alcohol policy. With reference to testing employees at their work site, are we required to provide them with advance notice?

Hi Maria,

Thank you for your email.

Providing advice specific to your business operations is beyond the scope of the help desk subscription.

However, we can provide you with the following information:

If you intend to conduct drug and alcohol tests at your workplace, you will need to obtain the employee’s consent and include a reference to the testing in the drug and alcohol policy.

Ensuring your policy includes a reference to random testing will assist with mitigating the risk of an employee later claiming your request for a test is unreasonable because, by operation of the policy, they had been on notice.

For further information we recommend reviewing the Alcohol and other drugs chapter of the Health & Safety Handbook.

Kind regards,

Michael Selinger  Partner, Holding Redlich

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