Drug testing: time to abandon it being limited to safety-sensitive areas only? The legal position established by the ERA in 2012 is that a safety sensitive site is = "the exposure to hazards and risks is high,
and the consequences of an accident or incident at the site could be catastrophic."
The case did not specifically apply a definition to a "Safety Sensitive Position", though my interpretation of that case is that it is any position, that poses a higher degree of risk to their own or the safety of others, for the time in which it finds itself in a safety sensitive site.
It was made clear that a distinction could be drawn (for the purposes of defining "Safety Sensitive") between an office based role
possibly on another site with a position that was engaged in a role that that may pose a higher degree of risk to their own or the safety of others
This, in my view points back to the work site being the thing to note. You could have a person working on a safety sensitive site doing dangerous things and he could be subject to random testing. But if that same person is not doing dangerous things on another non-safety sensitive site, then you can't. Conversely you could have an office based role doing safe things on a safety sensitive site and that person couldn't be subject to random testing.
That's the broad ruler over which the facts of a particular situation need to be run over.
As a foot note, I quite like the Canadian Supreme Court who in 2013 ruled you can't do random drug testing (of unionised workers) in a safety sensitive site unless there is either cause ( eg an accident or a person appeared to be under the influence, or as part of a rehab programme) or there is a recognised drug or alcohol problem.