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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. Page 1 of 3 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. Page 2 of 3 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 Page 3 of 3