Download Drug, Alcohol and Substance Abuse Procedure

Municipality of Crowsnest Pass Procedure
Policy No.:
Policy Title:
Department:
Council Approval:
Reviewed:
Revised:
Supersedes Policy/Bylaw:
1801-01
Drug, Alcohol and Substance Abuse
Human Resources
M# 6341-11
Date: November 29, 2011
1. Treatment and Accommodation
1.1 Any employee suffering from a drug, alcohol or other substance addiction is strongly encouraged
to disclose the addiction to their supervisor. The Employer recognizes its responsibility to assist
and accommodate employees suffering from an illness/addiction due to alcohol or drugs to the
extent reasonably possible without undue hardship.
1.2 Further, employees who are concerned that a fellow employee may be suffering from a drug or
alcohol addiction are strongly encouraged to report their concerns to a supervisor.
2. Prohibitions
2.1 While on Employer premises and while conducting Employer related activities off Employer
premises, no employee may use, possess, distribute, sell or be under the influence of illegal
drugs. This includes meal periods and scheduled breaks.
2.2 The legal use of prescribed drugs is permitted at work only if it does not impair the employee’s
ability to perform their work effectively and in a safe manner. Employees are encouraged to
discuss, with their supervisor, the use of prescription drugs which may affect work performance
or safety. The Employer is committed to accommodating an employee’s necessary use of
prescription drugs to the extent reasonably possible without undue hardship.
2.3 No employee shall consume alcohol while in charge of any Employer vehicle or equipment.
2.4 No employee shall be under the influence of drugs or alcohol during their regular working hours,
including meal periods and scheduled breaks.
2.5 If an employee is called out after regular working hours to perform work related duties and has
been consuming alcohol or drugs, or is impaired by prescription drugs or other intoxicants, it is
the employee’s responsibility to:
• Under no circumstances operate a motor vehicle while under the influence of alcohol or
drugs;
• Notify an authorized person of the circumstances immediately;
• Obtain assistance from a responsible employee, not under the influence of alcohol or
drugs, to perform the required task.
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3. Reasonable Cause Testing
3.1 The Employer reserves the right to conduct testing for the presence of alcohol or drugs when it
has reasonable cause to believe that the actions, appearance or conduct of an employee while on
duty is indicative of the use of drugs or alcohol.
3.2 The basis for the decision to test will be documented as soon as possible after the action has
taken place. The referral for the test will be based on specific, personal observations resulting
from, but not limited to:
• Observed use or evidence of use of drugs or alcohol (e.g. smell of alcohol);
• Erratic or atypical behaviour of the employee;
• Involvement in an accident;
• Changes in physical appearance of an employee;
• Changes in behaviour of the employee;
• Changes in speech patterns of the employee;
• Discovery of intoxicants, drugs, alcohol or related paraphernalia found in locations to which an
employee has sole or primary access, including employee’s lockers or assigned vehicles; or
• Involvement in a “significant incident” as defined by Occupational Health & Safety legislation.
3.3 In addition, the Employer may conduct reasonable cause testing upon receipt of a complaint or
concern by a co-worker or third party that an employee may be using drugs, alcohol or other
substances contrary to this Policy. In such circumstances, the Employer shall record the name and
contact information of the complainant, if known, as well as the details of the concern or
complaint.
3.4 In all situations where Employer administration believes an employee is unfit to be at the
workplace, a responsible escort will be used to escort the employee home.
3.5 Where reasonably possible, such tests shall be conducted respectfully and in a manner to
minimize the intrusive nature of the tests.
4. Pre-Employment Testing
4.1 The Employer reserves the right to conduct pre-employment alcohol and/or drug testing for
safety sensitive positions. Safety sensitive positions shall include any position where impairment
due to alcohol, drugs or other impairing substances creates a reasonably foreseeable risk of
serious injury.
4.2 The Employer’s right to perform such testing is viewed as a reasonable and responsible practice
given the safety sensitive nature of the above listed positions.
4.3 Where reasonably possible, such tests shall be conducted respectfully and in a manner to
minimize the intrusive nature of the tests.
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5. Discipline / Post-Violation Return to Duty
5.1 The Employer views the rules contained in this policy to be of the utmost importance. There is
zero tolerance for deviation from the above terms which will result in disciplinary action that may
include immediate dismissal. All employees will be provided with a copy of this policy as
notification that any resulting dismissal will be considered as “dismissal with cause” and not
subject to notice or remuneration in lieu.
5.2 Any employee suffering from a drug or alcohol addiction is strongly encouraged to disclose the
addiction to their supervisor. The Employer recognizes its responsibility to assist and
accommodate employees suffering from an illness/addiction due to alcohol or drugs. However, if
an employee neglects or refuses to disclose such a condition to the Employer, the Employer will
be forced to deal with breaches of this policy assuming that the employee is not suffering from
an addiction or illness related to drugs or alcohol but has simply disregarded the policy, in which
case immediate and strict disciplinary action will be taken.
5.3 Seeking voluntary assistance for drug or alcohol addiction will not jeopardize an employee’s
employment with the Employer, so long as the employee continues to co-operate and seek
appropriate treatment for their disclosed problem and is able to treat and control the problem to
facilitate a safe return to work within the reasonably foreseeable future.
5.4 Any employee violating this policy who is subsequently authorized and accepted by the Employer
to return to the workplace shall receive a Return to Work Letter outlining conditions of the return
to the workplace which will normally include (without limiting the generality of the foregoing),
the following:
• Requirement to continue treatment, counselling and assistance programs or procedures
recommended by the employee’s advising physician or addiction counsellor;
• Express obligation to immediately cease performance of duties and notify a supervisor in the
event the employee finds themselves under the influence at any time during work hours
following a return to the workplace;
• Requirement to provide written medical confirmation that the employee has any condition
under control and is able to safely return to the workplace without danger to the employee
or others;
• Requirement to provide reasonably regular updates from the employee’s physician or
addiction counsellor confirming that the employee continues to follow recommended
treatment programs and continues to be fit for performance of duties without danger to
themselves or others; and
• An express warning to the employee that future violations of the policy will lead to further
discipline and serious consideration of immediate termination for just cause.
5.5 Employee’s suffering from alcohol addiction/illness who fail to co-operate with assistance or
treatment programs and/or engage in repeated infractions of this policy, will be subject to the
normal disciplinary sanctions, including immediate termination for just cause.
5. End of Procedure
Approval
_________________________
Chief Administrative Officer
_________________________
Date
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