Published 8 days ago • loading... • Updated 8 days ago

B.C. painter awarded $2K after 'unremarkable' twisted ankle leads to drug test

Matthew Seward, an apprentice painter involved with the Kitimat LNG Canada project, received $2,000 in damages following a drug and alcohol test deemed unjustified after he twisted his ankle on July 3, 2024.
The employer, Altrad Services Ltd., requested a drug and alcohol test following the incident, even though there were no visible signs of impairment and the injury was attributed to factors such as rough terrain, high temperatures, bulky protective clothing, and old sports-related damage.
The arbitrator found the incident did not meet the Canadian Model's threshold for a significant event, criticizing the employer's checklist approach and failure to inspect the site or interview witnesses.
Arbitrator Jitesh M. Mistry found that the grievor's personal privacy and physical rights were infringed upon, noting that the justification for the test was based on unfounded speculation and did not provide adequate basis.
The ruling ordered the removal of the test records from Seward's file and emphasized that accidental twisted ankles do not justify intrusive testing without aberrant behavior indicating more than human error.

Insights by Ground AI

Does this summary seem wrong?