Federal Arbitrator Approves Hair Strand Testing Amid Safety Concerns
In a landmark decision, a federal labour arbitrator has granted Air Canada the right to test a flight attendant’s hair for drug use following reports of concerning behavior from his housemates, who are also fellow employees. This ruling underscores Air Canada’s commitment to maintaining the highest safety standards for its passengers and crew.
The case involves a flight attendant, referred to as CB, who was accused by his housemates of smoking marijuana and making inappropriate jokes about hijacking a plane. These allegations led to a request for hair strand testing, a method capable of detecting substance use over the past three months. This is in contrast to saliva or urine tests, which only cover shorter periods.
The incident began when CB’s behavior raised alarms among his housemates, leading to a group meeting where it was decided that he would be expelled from their shared residence. Two of these housemates reported CB’s behavior to Air Canada’s management, describing him as “dazed” and under the influence of substances. They also reported his dark humor references to hijacking a plane.
Arbitrator William Kaplan ruled in favor of Air Canada, recognizing the company’s legitimate safety concerns. He noted that the hair strand test was essential to determine whether CB was using drugs at the time of the reported incidents, given the two-week delay between the initial reports and the requested testing.
Kaplan stated, “The risk of returning an employee to work in circumstances like those presented here far outweighed any of the identified interests of either the union or the grievor. The results needed to be known, and if they indicated substance use, the company needed to take action.”
The Canadian Union of Public Employees (CUPE) opposed the hair strand testing, arguing that it violated collective agreement principles and was an unacceptable intrusion into personal privacy. The union maintained that employees not on duty or subject to duty should not be screened for substances unless random testing is part of a contract.
Despite the arbitrator’s ruling, the union retains the right to challenge the handling of the case and any disciplinary actions resulting from the test. This ongoing dispute highlights the balance between maintaining workplace safety and protecting employee privacy.
In response to the decision, Air Canada stated, “We are pleased this decision confirms that safety is essential in our business.”
Prime Minister Justin Trudeau commented on the broader context of workplace safety and substance abuse, stating: “Ensuring a safe and drug-free work environment is essential to our commitment to building a fair, inclusive, and accessible Canada for everyone.”
This decision marks a significant step in Air Canada’s efforts to ensure the safety of its passengers and crew. As the company continues to navigate the complexities of employee privacy and drug testing, it remains steadfast in its commitment to upholding the highest standards of safety and professionalism.