Substance Abuse

Facilitator: Lorri Kennis

Substance Abuse Policy Draft written Policy

Reflect commitment to health and safety of employees, customers, volunteers and/or general public.

Emphasize the use of illegal drugs, alcohol and/or medications present a serious safety hazard as it adversely affects an employee’s ability to perform work in a safe manner

Will not be tolerated in the workplace.

Note: Random testing has not been viewed favourably by the courts in Canada and has been deemed in violation of Human Rights. Safety sensitive positions may be eligible for random testing.

Responsibilities Management

Provide employees with safe work environment in collaboration with the Union.

Act responsibly in their own actions and monitor staff.

Ensure employees do not remain in the workplace where there is a cause to believe the employee is impaired.

Follow all applicable legislation (OHSA, Human Rights Code, Privacy Act, etc.) and collective agreement language.

Responsibilities (Cont.)

Management

Communicate and reinforce the policy and program to all employees, ensuring awareness of the Company’s expectations.

Monitor and evaluate work performance with an objective of early identification and handling of all performance issues.

Investigate all work related accidents/incidents in accordance with Company’s investigation procedures. 

Refer an employee for a drug and/or alcohol test when required to do so under this policy.

Responsibilities (Cont.)Employees

Arrive fit for work and remain fit for work during duty.

Consult with their doctor or pharmacist regarding the proper use of any medication.

Advise their supervisor and/or Human Resources immediately if taking any medication which may impede their ability to perform their job safely.

Remain fit for duty to respond to a call when designated "on call“.

Responsibilities (Cont.)Employees

Take appropriate action, including reporting to their supervisor if a co-worker is in an unfit condition at work.

Be responsible for using safe work practices, following all directives, SOPs, policies and procedures.

Maintain a safe and secure work environment.

Cooperate fully in any investigation of any incident arising out of a co-worker’s abuse of drugs or alcohol at work.

Responsibilities (Cont.)

Human Resources

Act as confidential and objective resource for matters related to the Substance Abuse Policy.

Investigate if the employee has substance abuse problem, which provides protection under the Human Rights Code as a disability or if disciplinary action is warranted.

Communicate with physicians, health professionals or substance abuse counsellors, respecting confidentiality.

Advise the employee’s supervisor of work limitations and assist in developing a work accommodation program.

Responsibilities (Cont.)

Human Resources

Provide employee referral to EAP and/or other appropriate organizations.

Maintain confidential records of all test results, including refusals to test, authorized correspondence from counselors or medical professionals, employee education and training.

Undertake periodic reviews and revisions of the Policy.

Policy Violation

An employee may be in violation of the policy when he/she:

Breaches an obligation, role or responsibility;

Refuses to submit to an alcohol/drug test to validate sobriety;

Fails to report at an approved facility for an alcohol/drug test

and/or treatment as referred;

Tampers with a test sample;

Purposely uses or ingests any substance which interferes

with test results.

Testing Procedures

Post Incident Generally an incident occurs to trigger an investigation Post Incident Testing is used to rule out potential cause

of a significant event such as:× Fatality;× An injury to self, coworkers or general public;× Damage to Company property or other’s property;× Significant environmental damages.

May be conducted as part of a safety investigation Extenuating circumstances of each case must be taken

into consideration before making the decision to test

Reasonable Cause/ Suspicion

Where management has “reasonable cause” to believe that an employee appears to be impaired, the employee may be requested to submit testing.

Reasonable cause will be based on a specific events or observation (physical, behavioural, or performance).

The employer has the right to ask if an employee has a substance abuse issue.

Testing Procedures (Cont.)

Testing Procedures (Cont.)

Reasonable Cause/ Suspicion

Employees may be placed on sick leave or leave of absence pending test results.

If test results are negative, employees will be paid for scheduled time lost and the employee may be referred to a physician.

When an employee returns to work, testing may be used as a monitoring tool.

In unionized settings, this is normally agreed to with the Union i.e. Last Chance Agreement.

Testing Procedures (Cont.)

The criteria for requiring a test includes:

Direct observation of drug and/or alcohol use or possession on the job.

Abnormal conduct or erratic behaviour while at work. Excessive or unexplained absenteeism, tardiness, or

deterioration in work performance. Report of current drug or alcohol use at work which has been

corroborated. Evidence the employee is involved in the use, possession, sale,

solicitation or transfer of drugs or alcohol while working.

CollectionUse accredited third parties to conduct testing and use a doctor to provide a standing order.

Breathe, saliva, blood or urine specimens may be collected to determine the presence of alcohol, illegal drugs or their metabolites.

Test results forwarded confidentially to Human Resources.

Specify what is to be tested. Do not test for substances that have not been authorized or substantiated.

Positive Test Results

The employee may be subject to the following:

Suspended with pay or without pay pending an investigation.

Required to attend a substance abuse professional evaluation and comply with any conditions mandated by a medical professional or substance abuse counsellor.

Referred to a treatment facility and required to participate if diagnosed with substance abuse problem.

Required to sign a “Release of Information” form to prove compliance and successful completion of any treatment program.

Positive Test Results (Cont.)

Required to obtain medical authorization to return to work, indicating any work restrictions.

Required to submit to a periodic testing.

Required to participate in work accommodation upon return to work to ensure their safety and that of others.

Required to sign a return to work agreement or last chance agreement.

Arbitration Cases

Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34Suncor Energy Inc. and CEP, Local 707 (Martyshuk), Re2004 CarswellAlta 2438, 77 C.L.A.S. 288

CUPE, Local 133 and the Corporation of the City of Niagara Falls 117 C.L.A.S, 3872014 CLB 3620Ontario Power Generation and Society of Energy Professionals (Marshall), 2001 CarswellOnt 10247, 63 C.L.A.S. 252

I.U.O.E., Local 793 v. Sterling Crane2009 CarswellOnt 8416, [2009] O.L.R.B. Rep. 952, 100 C.L.A.S. 90, 182 C.L.R.B.R. (2d) 99, 190 L.A.C. (4th) 15

Questions?

Thank you