pre-employment testing, prior to hire or
pre-access testing required by a general
contractor or owner of its trades.
Pre-employment or pre-access screening
for drugs and alcohol, sometimes in conjunction
with an overall medical examination
to demonstrate a potential employee’s
fitness for work, generally arises in one of
four scenarios:
1. As a new hire for a non-unionized
company, often referred to as preemployment
screening, where a job offer
is conditional on a “clean” test;
2. In a non-unionized work setting, as a
pre-condition imposed by the general
contractor for a sub-contractor’s
employees, prior to gaining access to a
general contractor or owner’s work site
for a particular job, often referred to a
pre-access screening;
3. In a unionized work environment,
where the collective agreement does not
permit such testing but the employer
unilaterally imposes pre-employment
or pre-access testing through the
imposition of a drug and alcohol
policy; or,
4. In a unionized work environment, where
the employer and the union negotiate
such pre-employment or pre-access
testing into the collective agreement.
The fourth scenario implies that both
parties – the employer and the union – have
agreed to pre-employment or pre-access
testing and that process is included in the
collective. What should employers generally
be cognizant of when seeking to impose
pre-employment or pre-access screening?
How are sub-contractors impacted by policies
imposed on their employees by general
contractors? Essentially, the contest
in every alcohol and drug testing case is
Toll Free: 1-800-723-3342
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From the perspective of human rights
law, pre-employment screening has the
potential to result in a complaint to the
Saskatchewan Human Rights Commission.
52 Think BIG | Quarter 3 2018 | saskheavy.ca
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