Delay in Returning Worker after Drug Test Results Wasn’t Unreasonable

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A worker was involved in a serious safety incident involving hoisting procedures. As a result, he was required to undergo a post-incident drug test. He tested positive and, in accordance with company policy, was sent home, pending confirmation and explanation as to how the substance entered his system, which took over a month. He filed a claim for lost wages for that time period. The arbitrator explained that once the results of the drug test were received, the employer was obligated to return the worker to the workplace in a reasonable manner. The delay caused by transportation issues wasn’t in bad faith or based on factors or considerations that were unreasonable or inappropriate in the circumstances, noted the arbitrator [Westpro Infrastructure Ltd. v. Christian Labour Assn. of Canada, Local No. 67 (Dulong Grievance), [2013] B.C.C.A.A.A. No. 26, Feb. 27, 2013].