Employment Law

Drug and Alcohol Testing at Work in Ontario

Can your employer make you take a drug test? In Ontario, the answer depends on your job and the reason. Here is how the rules work.

Red blue and white books

Ontario has no single law on workplace drug and alcohol testing. The rules come mainly from the Human Rights Code, court and tribunal decisions, and collective agreements.

The short answer

Testing is generally only acceptable for safety-sensitive jobs, and usually only for a reason: after an incident, when there is reasonable cause, or as part of a return-to-work plan. Random testing is rarely justified. Addiction is a disability that must be accommodated.

When testing may be allowed

  • Safety-sensitive jobs, where impairment could cause serious harm.
  • Reasonable cause: signs of impairment at work.
  • Post-incident: after an accident or near miss.
  • Return to work: after treatment, as part of an agreed plan.

Random testing

a close up of a typewriter with a paper on it

In Entrop v. Imperial Oil (2000), the Ontario Court of Appeal held that random drug testing was not justified, because a positive drug test didn't show current impairment. Random alcohol testing of safety-sensitive employees can sometimes be justified.

Addiction is a disability

An employee with a substance use disorder is protected. Employers must consider accommodation, such as leave for treatment, before discipline or dismissal.

Your rights

  • Ask for the written policy.
  • Ask why you are being tested.
  • Seek advice before signing anything after a positive test.
Talk to NEO

Questions about your rights at work? NEO can review your situation, including unpaid wages, Ministry of Labour claims and Small Claims Court. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Commission Employees: Your Pay When the Job Ends

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: red blue and white books · a close up of a typewriter with a paper on it.

This article 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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Law Society of Ontario — Barreau de l'Ontario
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