OTTAWA, Ont. — The Human Rights Commission’s drug and alcohol testing policy has acknowledged that truckers driving in the U.S. must comply with U.S. Department of Transportation testing policies.

While the commission doesn’t endorse random or pre-employment testing for Canadian drivers operating strictly in Canada, it found that “for trucking and bus businesses that operate exclusively or predominantly between Canada and the U.S., not being banned from driving in the U.S. may be a bona fide occupational requirement.”

The Canadian Trucking Alliance (CTA) is of the same mind when it comes to this subject, and CTA chief executive officer, David Bradley says the new policy reaffirms the status quo.

“Canadian carriers with cross-border operations must be able to comply with U.S. laws or suffer severe penalties, including going out of business,” says Bradley. “In the absence of Canadian regulations governing drug and alcohol use in transportation, carriers have long recognized their obligation to structure testing policies in accordance with human rights law, while at the same time ensuring that employees in safety-sensitive positions are properly evaluated.”