When it comes to drug and alcohol policy development, the landscape of what’s possible and what’s not can be complex and often confusing to employers. Workplace health and safety experts will tell you that the development of a strong, defendable drug and alcohol policy is the first line of protection for employers regarding workplace safety. But how does one come up with a policy that meets this standard? In the end, employers much educated themselves about the parameters of drug and alcohol policy development.

DUTY TO ACCOMMODATE – WHAT IS IT?

Employers and service providers have an obligation to adjust rules, policies or practices of the workplace to enable the full participation of all employees. The duty to accommodate means that sometimes it is necessary to treat someone differently in order to prevent or reduce discrimination. For example, asking all job applicants to pass a written test may not be fair to a person with a visual disability. In such cases, the duty to accommodate may require that alternative arrangements be made to ensure that a person or group can fully participate in a way that suits their particular abilities.

TO TEST, OR NOT TO TEST

There is no simple answer to when an employee can or cannot be tested for drugs or alcohol in the workplace. Specific procedures need to be designed for each workplace that take into account the level of regulation within the industry and the province under which it is governed. Generally speaking, an employer cannot perform random drug tests on employees unless prior permission from the courts has been granted. Even in the case of an incident, the employer cannot resort to drug and alcohol testing as the first measure of investigation.

If the effects of drugs or alcohol simply overlap with the critical tasks of a safety sensitive occupation the employer still might not have the rights to request a drug test. On the other hand, testing could in fact be carried out if the employer had a Bona Fide Occupational Requirement that represented the critical demands of the occupation and could prove that the recognized effect of drugs or alcohol would affect the employee’s performance.

TOLERANCE FOR ZERO TOLERANCE?

Employers are required to attempt to find suitable workplace accommodation for disabled employees who have a prescription for pharmaceuticals or other medication that might affect their job performance. Similarly, accommodation is also required for employees who may have an addiction which is also considered a disability.

If meaningful impairment can be proven and the employers’ duty to accommodate has been met, then an employer can enforce a zero-tolerance policy for a job and reassign the employee to alternative duties that do not pose a safety risk. Employees do not have a right to be impaired in the workplace where their impairment may endanger their own safety or the safety of co-workers.

GETTING STARTED WITH POLICY DEVELOPMENT

• Establish a concise Drug and Alcohol Policy on the use of any substance
• Ensure that all definitions and terms are up to date with the
• Provincial/Canadian Human Rights organizations
• Establish a comprehensive Policy Support Program to establish due diligence through education and awareness of the substances that cause impairment
• Enforce Policies Consistently
• Outline provisions for assisting employees with s ubstance dependencies
• Complete Critical/Essential Physical Demand Assessments for high-risk jobs
• Develop Physical a Bona Fide Occupational Requirement for high-risk jobs
• Clearly state the processes for accommodation and return to work/remain at work plans where necessary
• Seek Legal Support

To learn more about drug and alcohol policy development or updates for your organization, contact us at marketing@horizonohs.com.