Balancing safety, technology, and privacy in the context of employee cannabis use

Who is to say whether an employee is fit for duty? Does the employee have to prove they are, or does the employer have to prove they’re not? Where technology does not necessarily exist such as would allow an employer to definitively prove an employee is not fit for duty, is the employee simply presumed to be unimpaired – despite recent and/or ongoing drug use? Perhaps a different balancing of interests is required?

A recent Quebec arbitration decision, Syndicat Canadien de la Fonction Publique Section Locale 4041 v. Air Transat (Air Transat), 2026 CanLII 44306, confirms that employers may prohibit employees in safety-sensitive positions from consuming drugs, even on their days off, where justified by workplace safety concerns. The decision reflects a willingness of decision-makers to prioritize safety over employee privacy and autonomy where the two are in conflict – so far as they may relate to an employee’s consumption of recreational (or medicinal) narcotics.

Air Transat, a Montreal-based airline, implemented a workplace policy prohibiting employees in high-risk positions from consuming any type of drug, whether legal or illegal, at any time (the Policy). Unionized employees, including flight managers, flight attendants and trainers (the Cabin Crew), were classified as high-risk positions under the Policy.

Air Transat implemented the Policy out of concern for the safety of the cabin crew...

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