This paper discusses the general legal framework and common issues which arise in relation to drug and alcohol testing. Topics include: common types of drug and alcohol testing, the competing interests which need to be balanced when determining the legality of drug and alcohol testing, and the general state of the law relating to implementing and enforcing drug and alcohol testing.  The author provides a number of practical considerations in implementing and enforcing drug and alcohol policies.

This paper was presented at the Labour and Employment program held in January and February 2015.