LAW 529 Study Guide - Final Guide: Work Accident, Elk Valley (British Columbia), List Of Civilisations In The Culture Series
26 Dec 2017
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Entrop, who was in a safety-sensitive job, admitted to alcohol problem. He was automatically transferred to a non-safety sensitive job and filed a complaint. Held: alcohol testing is minimally intrusive yet provides a highly accurate measure. It may be acceptable in safety sensitive positions. In contrast, drug tests are more intrusive and fail to measure current impairment. Chiasson v. kellogg : as part of his job application, chiasson was given a pre-employment drug test. He worked for 9 days before results came back positive. Er fired him, saying that it was a safety sensitive job. Chiasson filed a complaint, alleging discrimination based on perceived disability (but he admitted he was a recreational user so was not disabled ). Alberta court of appeal held for the er: positive drug test did not mean er perceived ee as disabled. Nov 23, 2017 safety sensitive position, er"s concern about possible impairment on the job was legitimate; evidence showed lingering effects of marijuana.
