Alcohol and Cannabis in the Workplace in Ontario
Employers have a right to a safe workplace and employees have rights too. Questions about alcohol, cannabis and testing sit where the Human Rights Code, the Occupational Health and Safety Act and the employment contract meet.
- An employer can require employees to be fit for work and may have a policy against working while impaired.
- Addiction is treated as a disability under the Human Rights Code, so the employer must accommodate to the point of undue hardship.
- Random testing is hard to justify, and testing is more defensible after an incident or in clearly safety-sensitive roles with proper process.
- Medical cannabis is accommodated like other medication, with limits for safety-sensitive work.
What an employer can do
- Adopt a clear written policy on impairment, fitness for duty and the use of alcohol or cannabis at work.
- Require employees to disclose medication that affects safety, in a way that respects privacy.
- Act when there are reasonable grounds to think someone is impaired, following the policy and keeping a record.
- Discipline for policy breaches, once any duty to accommodate has been considered.
Addiction and accommodation
An employee with an addiction can be protected from discrimination. The employer must look at accommodations such as treatment leave, modified duties or schedule changes, unless doing so would cause undue hardship, which is a high standard based on cost, health and safety, and operations. The employee must cooperate by sharing the information needed to design an accommodation.
Drug and alcohol testing
- Random testing of employees is generally not allowed unless there is a real problem at a particular dangerous workplace and the test measures actual impairment.
- Testing after an incident, or for cause, is more likely to be defended, if the policy is clear and applied fairly.
- Pre-employment testing for most roles raises discrimination concerns.
- Test results are sensitive personal information, and privacy rules apply to how they are collected, used and stored.
Medical and recreational cannabis
Medical cannabis authorized by a health professional is treated as a medical need and the employer should accommodate it. That does not mean employees may be impaired in a safety-sensitive role: the employer can ask for safe alternatives or time off. Recreational use is legal, but it does not give a right to be impaired at work.
Practical advice
- Employees: if you may need accommodation, speak up early and give your employer what they need to help.
- Employers: have a written policy, train supervisors, document your concerns, and avoid discipline before considering a duty to accommodate.
- Both: involve a licensed professional early. Rushed terminations over impairment are a common source of wrongful dismissal and human rights claims.
Common questions
Can I be fired for failing a drug test?
Sometimes, but it depends on the policy, the type of work, whether the test showed impairment and whether an addiction should have been accommodated. Dismissals on that basis are often challenged.
Do I have to tell my employer about my medication?
You do not need to share your diagnosis. You may need to tell the employer enough to identify a safety risk or request an accommodation.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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