Definitely keep the lawyers out.
Safety sensitive positions are defined in employer policies in industries across Canada and around the world. The problem is that different interest groups and different industries are going to have a different approach to defining “safety sensitive position”.
The courts and arbitrators keep crying out for legislation, and for legislative and parliamentary leadership on defining a framework for that term. It may not be a definitive or an exhaustive term. It may or may not include engineers who are designing safety sensitive, public safety-related cladding in buildings.
I think without any legal definition or attempt to define it as part of a framework, and that being of course the basis upon which you then can test people.... We're not suggesting that everybody get tested. The thing is that this be a rational process. Otherwise, what you're doing is saying, it's all up for grabs, and it will be litigated to death.
My interests really are against the interests of lawyers. You're going to reduce the amount of litigation, which is not a bad thing in society, I think I would suggest.