Court-Based Testing

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Definition - What does Court-Based Testing mean?

Court-based testing, also called court-ordered drug testing, refers to alcohol or drug testing screenings where a judiciary authorizes mandatory submission to drug testing protocol based on contingencies underpinning health and safety violations in the workplace. A tribunal may warrant grounds for an individual to adhere to court-based testing procedures surrounding caveats including parole restrictions or recent driving under the influence (DUI)/driving while intoxicated (DWI) charges per federal guidelines. 

SureHire explains Court-Based Testing

Most employers set a precedent for maintaining an alcohol and drug-free workplace environment with stipulated policies highlighting the ramifications associated with regular substance abuse where its effects on cognitive and psychomotor functionality translate to poor job performance. However, Canadian legislation blurs the distinction between granting employers autonomy to regulate an alcohol and drug-free climate while, concurrently, recognizing human privacy rights laws where loopholes exist for individuals who are purportedly regular substance users. Incidentally, court-based testing serves as a viable solution for employers who suspect alcohol and drug-related cases are catalysts for impairment, playing into the equation of an individual who occupies safety-sensitive positions where essential job demands are dangerous.  

Court-based testing follows a criterion for issuing drug tests depending on the circumstances, reflecting on the various types of drugs and their derivative subclasses combined with the biological specimen needed (i.e., urine, hair, saliva) and frequency of testing measures. For instance, employers may refer to court-based testing procedures to enlist a 5-panel, 7-panel, or 10-panel variation with their corresponding list of different legal and illegal substances to validate proof of suspected cases.

With Canadian mandates presenting nuanced interpretations in advocating health and safety in the workplace balanced with upholding human privacy rights, employers will need adequate evidence to draw on court-based testing to sustain claims of regular alcohol or drug abuse.

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