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I was asked by my employer to take a drug test upon returning to the dock. I refused as i felt they did not have reasonable cause or a trigger in accordance to our drug and alcohol policy. their was no incident. They claim that a coworker complained a month prior. I work on a tugboat and they had already sent me on 2 trips before deciding to test me.
They never provided documents to sign for my refusal, but claim a refusal is a fail.
They wont allow me back to work until i go through a counsellor.
If i still tell them I don't acknowledge a triggering event, but will take the counselling to speed up the process, will this mean im admitting fault? or can i do it just to get back to work.
Thank you for your question. An employer cannot force you to take a drug or alcohol test, especially if there is no event that would reasonably lead to requiring one and if you are not in a safety sensitive position. Your employer cannot prevent you from going to work if you do not agree to a test and this could be considered a constructive dismissal. It is important that you speak with an employment lawyer to understand your rights and obligations in this situation. Please feel free to contact us at 1-855-821-5900.