HR-001-Drug and Alcohol Policy_HR_2018SAINT JOHN
Subject: Drug and Alcohol Policy
Category: Human Resources
Policy No.: COS-HR-001
M&C Report No.:
Effective Date:
Next Review Date: (3 years)
Area(s) this policy applies to: Staff
Office Responsible for review of this Policy:
Human Resources
Related Instruments: Alcohol and Drug SOP
Policy Sponsors: Commissioner of Corporate Services
Document Pages: This document consists of 15 pages.
Revision History:
Common Clerk's Annotation for Official Record
I certify that the Drug and Alcohol Policy
was approved by the City
Manager on _July 10, 2018
July 10, 2018
Common Clerk
Date
Contact: Director Human Resources: Stephanie Hossack
Telephone: 650-7637
Email: Stephanie.hossack@saintjohn.ca
1.
Policy Statement ..............
2.
Scope ...............................
3.
Legislation And Standards.
4.
Roles And Responsibilities
5.
Monitor and Review ........
6.
Implementation ...............
7.
Authorization ...................
8.
Resources ........................
9.
Procedures ......................
10.
Glossary ...........................
11.
Inquiries ..........................
12.
Appendices ......................
TABLE OF CONTENTS
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1. POLICY STATEMENT
The City of Saint John recognizes that the use of illicit drugs or mood altering substances, and the
inappropriate use of alcohol and medications can adversely affect the safety and well-being of
employees and the public, and negatively impact the work environment and job performance. It can
also place the integrity and safety of City facilities and operations at risk.
The City of Saint John strictly prohibits the possession and/or use of illicit drugs, alcohol, and mood
altering substances, as well as the inappropriate use of medications, by all employees and contractors of
the City of Saint John while on duty, including work breaks, and/or while at City facilities, project sites or
other work sites of the City of Saint John. The City also strictly prohibits the reporting to work and/or
being at work under the influence of any substance prohibited under this policy.
The objectives of this policy are:
1. To prevent workplace accidents and their consequences of human suffering, economic
costs and loss of equipment and processes arising from the use of prohibited and controlled
substances.
2. To defend the integrity of our service through the prevention of other potential exposures
and liabilities associated with the use of prohibited and controlled substances in the
workplace.
3. To champion and promote employee education and awareness along with related
prevention activities with respect to prohibited and controlled substances.
4. To provide effective care to employees using or in possession of prohibited and controlled
substances in the workplace, and
5. To provide a framework for management of the human resource implications associated
with possession and use of prohibited and controlled substances in the workplace.
2. SCOPE
All Employees: This Policy applies to all employees while they are engaged in City business, at all times
when on City premises and worksites, and when operating City vehicles and equipment.
Drug and Alcohol Testing: The application of this Policy requires testing for reasonable cause, including
serious incidents and/or near misses. Testing determinations must be factual, reasonable and confirmed
by a supervisor in consultation with a second supervisor or manager.
Contractors: All contractors shall be advised of the applicable provisions of this Policy, and shall be
expected to enforce these requirements for their employees, sub -contractors and agents. Any
contravention of this Policy shall be considered a breach of contract.
Confidentiality: Confidentiality is fundamental to dealing with problems in the workplace that are
related to the misuse and abuse of alcohol and other drugs in order to protect the privacy of individuals
and to encourage employees' acceptance of prevention and treatment measures.
An employer who collects, maintains or uses personal health information is required to protect the
confidentiality of that information, except where limited disclosure is necessary for the purposes of
managing health and safety risks. In particular, employees' private health information will not be shared
without informed, written and voluntary consent from the employee, except where:
a) a licensed health care practitioner or professional counsellor assesses an employee as posing a
serious threat to themselves or others, and disclosure is required to ensure the safety of the
employee or others; or
b) as otherwise required or permitted by law.
Specific confidential information covered under this section includes:
a) any information on medication use;
b) results of tests conducted which are only released to the Program Administrator (PA);
c) all reports and documented conversations between the reporter and the individual reporting;
d) all lab results for drug tests reported only to the PA and retained in a separate locked storage
area only accessible to the PA; and
e) any information related to the assessment or treatment of an employee.
Under this Policy, information about an employee's work capabilities may be shared with management
only to the point required for purposes of determining fitness for duty, appropriate work
accommodation, and/or return -to -work initiatives
3. LEGISLATION AND STANDARDS
This Policy is related to the following policy instruments of the City of Saint John:
a) Health and Safety (General) Policy
b) Employee and Family Assistance Program (EFAP)
c) Drug and Alcohol SOP
d) Applicable Collective Agreements and Terms and Conditions of Employment
Additionally, this Policy aligns with the provincial Occupational Health and Safety Act of New Brunswick,
as well as the federal Canada Labour Code Part II and the Guidelines documents of the Canadian Human
Rights Commission.
4. ROLES AND RESPONSIBILITIES
EMPLOYEES
All Employees are expected to work safely and are expected to:
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a) read and understand, follow and comply with the policy and employee responsibilities
under it;
b) report fit for work and remain fit for work, including when on-call or stand by, while on
City business, premises and worksites;
c) take responsibility to ensure their own safety and the safety of others;
d) use medications responsibly, be aware of potential side effects, and notify a supervisor or
manager of any potential unsafe side effects that could affect their ability to work safely;
e) cooperate with any investigation or search requirements as a result of an alleged violation
of this policy, as required by management, local police or RCMP.
f) bring forward to a supervisor or manager any concerns of co-workers who may be unsafe
to work due to the use of drugs and/or alcohol;
g) be aware of the programs available under this Policy for help, assessment, and treatment,
as well as resources;
h) seek advice and follow recommended treatment for a drug or alcohol problem, and follow
recommended aftercare and monitoring programs;
i) provide support for co-workers dealing with substance abuse issues; and
j) participate and contribute to policy development and ongoing review.
SUPERVISORS
In addition to the responsibilities identified for employees, supervisors must:
a) be knowledgeable in all aspects of the Policy;
b) provide leadership by example, ensuring they follow the Work Rules as part of their
responsibility to perform work in a safe and effective manner;
c) serve as a resource to employees on the Policy;
d) educate employees on the details of the Policy;
e) be knowledgeable about and able to recognize the signs of drug and alcohol use;
f) take action on reported or suspected drug and alcohol use or Policy violations by
employees, including removing from the work environment any employee who appears to
be unfit for work;
g) be accessible and approachable for employees reporting co-worker concerns;
h) assist employees who self -identify and request help with accessing available resources;
i) ensure confidentiality of all information received related to this Policy; and
j) support the return -to -work process for employees after treatment.
III. MANAGERS
In addition to the responsibilities identified for employees and supervisors, managers must:
a) take appropriate steps to investigate any possible violation of this Policy;
b) assist in the facilitation of the return to work process for employees after treatment.
c) monitor and ensure compliance of contractors;
d) complete a reasonable cause checklist and forward documentation to the PA;
e) make referrals for required testing under the parameters and circumstances identified in
the Policy.
IV. PROGRAM ADMINISTRATOR
The Program Administrator (PA) under this Policy is the City of Saint John's management
person responsible for care and control of all records and documents, liaison for any internal
communication and external consultants and health care providers, as required under this
Policy.
The PA is responsible to:
a) administer and manage the drug and alcohol testing program with the Third Party
Administrator (TPA);
b) answer any questions related to Policy interpretation;
c) support supervisors and managers in meeting their responsibilities under this Policy;
d) coordinate with the Substance Abuse Expert (SAE);
e) coordinate development and delivery of employee education and supervisor training
programs, including ongoing refreshers;
f) coordinate with the City of Saint John Employee and Family Assistance Program (EFAP)
services;
g) coordinate with the City's Safety Program;
h) coordinate with the City's Return to Work Program Services; and
i) serve as the internal and external liaison for all Program matters.
V. EMPLOYER
As part of the shared responsibility for health and safety, the City of Saint John, as an
employer must:
a) provide a safe work environment;
b) be responsible for Policy implementation and ongoing application;
c) provide all contractors with a copy of this Policy and ensure they understand the Work
Rules and testing expectations of this Policy, and the requirement to adhere to these
Work Rules and testing expectations, as part of their site orientation to the City of Saint
John;
d) provide education for employees on the specifics of the Policy, as well as the health and
safety risks of substance abuse;
e) provide training for supervisors and managers on indications of drug use and effective
management;
f) ensure drug and alcohol testing is conducted to identified standards;
g) ensure confidentiality of all personal information related to the Policy;
h) provide access to a comprehensive addiction assessment, referral and treatment plan,
including return to work;
i) provide coverage for required treatment and support;
j) support aftercare requirements upon return to work; and
k) conduct annual evaluation and review of the Policy to ensure currency with substance use
trends, workplace concerns and adherence to best practices.
VI. CONTRACTORS
All contractors will be advised of this Policy and, as a condition of contract, are required to:
a) provide a safe workplace;
b) ensure that all employees and sub -contractors understand the Work Rules and testing
expectations of this Policy, and the requirement to adhere to these Work Rules and
testing expectations, as part of their orientation to the City of Saint John;
c) ensure that urine drug and breath alcohol testing is performed according to investigative
requirements and standards set out in this Policy;
d) provide confirmation of adherence to Work Rules and testing expectations as requested
by the City of Saint John;
e) cooperate with any investigation conducted under this Policy;
f) liaise with the City of Saint John's PA for all matters related to this Policy; and
g) allow audits by the City of Saint John to ensure these responsibilities are being met.
5. MONITOR AND REVIEW
This Policy shall be reviewed every three years and from time —to- time by the City's Human Resources
Division, Corporate Services.
6. IMPLEMENTATION
6.1 EARLY RECOGNITION AND MONITORING
Early identification and prompt treatment of drug and/or alcohol addiction is in the best interests of the
City, its employees and the community.
Drug and/or alcohol addiction can affect work behaviours in the following ways:
a) Lateness
b) Absenteeism
c) Noticeable differences in behaviour
d) Inability to concentrate
e) Carelessness in appearance
f)
Inattention to job duties
g)
Conflicts with co-workers
h)
Mood swings
i)
Sloppy work
j)
Failure to meet deadlines
k)
Isolation from co-workers
6.2 VOLUNTARY DISCLOSURE OF PROBLEMATIC SUBSTANCE USE:
Employees who believe they have a problem with substance use/abuse or a developing drug and alcohol
problem are expected to seek assistance and to follow treatment so that job performance is not
affected
6.2.1. An employee who suspects they have a drug and/or alcohol problem will not be
disciplined for voluntarily requesting help in addressing a substance abuse problem provided
that:
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a) the request occurs prior to any work-related violation of this Policy;
b) the employee has not been requested to submit to a drug and/or alcohol test; and
c) the employee has not been involved in an incident requiring testing.
An employee who believes they may be unable to comply with the drug and alcohol Policy
must seek help by taking such steps as are necessary to ensure they present no safety risk
to themselves or others and may:
a) contact a community resource or occupational health for assistance; or
b) inform a family member or friend who can assist in asking for assistance from a City
representative; or
c) ask a co-worker, supervisor or City representative for assistance in accessing
assessment and treatment resources.
6.2.2. A co-worker who is asked for assistance from an employee must inform a person in
authority of the request.
6.2.3. A supervisor or person in authority who is responding to an employee request for help
must:
a) take all necessary steps to ensure the employee is fit for duty and presents no risk
to themselves or others in the workplace;
b) inform the employee of the assistance available from the City;
c) encourage the employee to access available resources; and
d) inform the employee that if they do not contact the City or appropriate resources
for assistance, the employee may be required to submit to any or all of the
following:
i. drug and alcohol testing as set out in this Policy,
ii. an assessment by a SAE,
iii. an assessment by an Occupational Health physician and that the failure
to do so may result in disciplinary action up to and including termination
if they are found at any time to be unfit for duty.
6.3 Fitness for Duty
Employees must report for work, fit for duty and remain fit for work during work hours and be able to
perform assigned duties safely and effectively without any limitations due to the use or after-effects of
drugs and alcohol.
6.3.1. Employees must not use in the course of work:
a) Alcohol (except as authorized for social purposes in accordance with this Policy);
b) Drugs (except as set out in the Medication Use section, 6.4, of these Work Rules); or
c) Any product or device that may be used to tamper with any sample for a drug and
alcohol test.
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6.3.2. Employees must not report to work or remain on duty:
a) with an alcohol level equal to or in excess of 0.04 grams per 210 liters of breath;
b) while unfit for duty due to the use of prescription or non-prescription drugs (with the
exception of 6.4).
6.3.3. On -Call Situations:
a) Scheduled: All employees scheduled on-call are required to remain fit to respond to a
call-in and be in compliance with this Policy.
b) Unexpected/Unscheduled Call -In: If an employee is under the influence of alcohol or
other drugs and is contacted by the City to perform unscheduled services, it is the
responsibility of the employee to decline the call. Doing so will not result in disciplinary
action.
6.3.4. Employees must not:
a) refuse to submit to or to provide a sample for a drug and alcohol test;
b) tamper with a sample for a drug and alcohol test.
c) while on City of Saint John property/worksite possess, distribute, transfer or offer for
sale:
i. alcohol;
ii. drugs (except as identified in 6.4);
iii. drug paraphernalia; or
iv. any product or device that could be used to tamper with any sample for a drug
and alcohol test.
6.4 MEDICATION USE
All employees are expected to use prescription and non-prescription drugs in a safe and responsible
manner. Under this Policy employees may possess or use Health Canada approved and regulated
prescription and non-prescription drugs under the following conditions:
6.4.1. The prescription drug in the employee's possession or used by the employee must be
prescribed to the employee by a licensed health care professional and be current and valid;
6.4.2. The employee must use the prescription or non-prescription drug for its intended purpose
and in the manner directed by the employee's licensed health care professional or the manufacturer
of the drug;
6.4.3. The use of the prescription or non-prescription drug does not adversely affect the
employee's ability to safely perform their duties; and
6.4.4. Prior to beginning work, the employee must notify their supervisor or manager of any
unsafe side effects that could affect their ability to work safely.
6.5 OFF -WORK ACTIVITIES
In addition to the foregoing, the City shall investigate any situation where off -the -job actions involving
drugs or alcohol may have implications for the workplace, and shall take appropriate action under the
circumstances.
6.6 SUPERVISOR SAFETY CONCERN NOTIFICATION
Supervisors or managers who are notified by an employee of their use of a drug that may affect their
ability to work safely are required to provide this information to the City of Saint John's PA for follow up.
Other than the PA notification, any information provided to the supervisor or manager under this
section of the Work Rules must be maintained in confidence, unless otherwise authorized by the
employee or required by law.
6.7 IMPAIRED DRIVING CHARGES AND/OR CONVICTIONS
Any employee who operates or is expected to operate a City of Saint John vehicle, or a vehicle provided
to the employee for work purposes, and/or required to drive as a condition of employment must report
immediately prior to their next scheduled shift to their supervisor or manager if:
a) the employee's license is suspended; or
b) the employee has been charged with or convicted of
i. impaired driving
ii. driving offenses related to substance abuse
iii. refusal to provide a sample
iv. having a blood alcohol level over the legal Blood Alcohol Concentration (BAC) limit
in the jurisdiction where the offense occurred whether or not the suspension, or
V. a charge or conviction related to conduct during City of Saint John business or
employment.
6.8 ASSESSMENT, TREATMENT AND AFTERCARE
An employee may be required to complete an assessment with a Substance Abuse Expert (SAE) as a
result of Policy violation related to:
a) self -identification;
b) a positive drug and/or alcohol test;
c) refusal; or
d) tampering.
Additionally, an employee may request an assessment from an SAE as a result of a self-help or self -
identification request.
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6.8.1. ASSESSMENT
The process of referral to a SAE includes the requirement of the employee to consent to the
assessment, participation in the assessment, SAE access to individuals who may inform the
assessment regarding drug or alcohol use, and the release of initial, interim and summary
reports, as appropriate, to the City of Saint John's PA.
6.8.2. TREATMENT
Full participation in an appropriate treatment a program is expected and may include education,
inpatient or outpatient programs, follow up and aftercare programs. Participation in treatment
does not remove the requirement for satisfactory job performance.
a) In any rehabilitation situation where, in the opinion of the treating professional, there is
a risk that would prevent an employee from completing their routine work tasks in a
safe and effective manner, work limitations or restrictions may be required. The
employee may also be accommodated with modified duties, alternate duties where
possible and practical, or placed on appropriate leave, with the specifics of the work
limitations due to medical circumstances being communicated to the supervisor or
manager. It may not always be possible to accommodate the employee but the City of
Saint John will take all reasonable measures to accommodate the employee to the point
of undue hardship.
b) An employee who receives assistance to address their dependence or addiction to drugs
and/or alcohol must comply with the terms and conditions of any program established
to help the employee, as a condition of their continued employment.
c) Any licensed health care professional providing assessment and/or treatment to an
employee shall advise the employee that they will immediately notify the City of Saint
John if:
i) they become aware of a failure of the employee to follow the terms and conditions
of a program established to help the employee; and/or
ii) the employee presents a probable risk to themselves or others.
6.8.3. AFTERCARE AND RETURN TD DUTY
All employees who complete primary treatment (e.g., residential or outpatient treatment) for
drug and/or alcohol addiction or dependency are required to participate in an after-care
program for a minimum of 2 years. In addition, a written return -to -duty agreement is required,
outlining the conditions for return -to -duty and consequences for failing to meet those
conditions. Unannounced testing for drugs and alcohol will be included in this agreement, with
the specifics as recommended by the SAE in consultation with the City's PA.
6.9 PREVENTION AND EDUCATION
Safe working conditions for all employees including a work environment free from the negative effects
of drug and alcohol use is a priority for the City of Saint John. We recognize that prevention and
education are critical to creating a safe and healthy work environment.
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It is also recognized that employees are more likely to follow the drug and alcohol Policy when they
understand the associated safety risks and the availability of assistance for current or emerging drug and
alcohol problems.
Dependency on drugs and alcohol is a treatable condition and early intervention can improve recovery.
The City of Saint John provides information to help employees' access confidential assessment, referral,
treatment and after-care services through a variety of options including peer support, EFAP, extended
health benefits and community resources
6.9.1. EDUCATION
This Policy stresses the prevention and early identification of problem situations related to drug
and alcohol use. The City of Saint John will educate and inform employees about the impact of
substance abuse in the workplace and the existence and effect of this Policy.
The City of Saint John is committed to providing education for all Employees who have
obligations under this Policy. Education will include the following:
a) the health and safety focus of the Policy;
b) key elements of the Policy, including:
c) shared responsibility
d) self-help
e) standards
f) circumstances where the Policy requires drug and alcohol testing
g) drug testing procedures
h) consequences for Policy violations;
i) effects on employees' ability to do their jobs safely that result from drug and
alcohol use;
j) behaviours that a person demonstrates when under the influence of drugs and
alcohol;
k) role of the City of Saint John' s and community resources and how to access
these services.
1) focus on rehabilitation and re-employment; and
m) return -to -work and relapse prevention.
6.9.2. Training for Managers
In addition to the education identified for employees, the following additional information will
be included for the training of supervisors and managers:
a) appropriate communication to employees about the content of the Policy;
b) proper investigation and inquiry procedures when addressing incidents and
interviewing employees relevant to Policy requirements;
c) effective decision-making procedures in applying the drug and alcohol testing
requirements of the Policy;
d) availability of additional treatment and support services;
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e) proper management of Policy information obtained relevant to Policy application;
f) managing conditional return -to -work agreements; and
g) return -to -work and relapse prevention.
6.10 Posting
This Policy shall be posted and readily available for all employees and contractors.
7. AUTHORIZATION
The Alcohol and Drug Policy is authorized under the authority of the City Manager.
8. RESOURCES
This Policy was developed in consultation with Barb Butler, the municipalities of Moncton and
Fredericton, as well as with consulting support from the Substance Abuse Experts of Homewood Human
Solutions, and guidance and direction/recommendations of Nadine Wentzell, Workplace Drug and
Alcohol Consultant.
9. PROCEDURES
Standard Operating Procedures in support of this Policy will be developed under the authority of the
City Manager.
10. GLOSSARY
1. City Business: refers to all business activities undertaken by employees in the course of the
City's operations, whether conducted on or off City premises.
2. City Premises: includes but is not necessarily restricted to all land, facilities, work sites, and
vehicles owned, leased or otherwise controlled by the City for the purpose of conducting
City business. ]
3. City Worksite: refers to any location an employee is assigned to perform work.
4. Contractor /Contract Worker: refers to any company or individual who the City has
contracted to perform a service on City premises or as a representative of the City and is
paid on an invoice or fee for service basis. This includes third party contractors, sole
providers/proprietors and consultants.
5. Employee: includes all permanent full time, part time, temporary, casual and seasonal
employees of the City of Saint John.
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6. Fitness for Work: being able to safely and acceptably perform assigned duties without any
limitations due to the use or after-effects of alcohol, illicit drugs, medications or other
mood altering substances.
7. Incident includes, but is not limited to:
• a fatality;
• serious injury to employees or the public;
• near miss;
• damage to person, property, reputation, security or the environment; or
• detrimental impact to reputation.
S. Manager: Superintendent, Operations Manager, Deputy Commissioner, Commissioner as
well as District Chief, Deputy Chief, Fire Chief .
9. Monitoring Programs: various activities established to prevent relapse and recidivism after
a violation of this policy, including but not limited to unannounced alcohol and drug testing.
10. Reasonable Cause: the criteria for mandated testing, including physical evidence of drug
and alcohol possession and/or use in the workplace as well as observed behavioural
evidence. Post -incident testing will be conducted only in the presence of Reasonable Cause.
11. Substance Abuse Expert (SAE): a licensed or certified professional who has met the
educational, experiential and competency criteria to be in good standing with a
professional agency that governs their respective discipline, who has received training
specific to their roles and responsibilities, has knowledge of and clinical experience in the
diagnosis and treatment of substance abuse -related disorders and who has an
understanding of the safety implications of substance use and abuse. The SAE makes
recommendations regarding the individuals assessed. These recommendations typically
involve treatment options such as education, various counselling or inpatient treatment
services, follow-up testing and the overall general conditions of post assessment care.
12. Supervisor: refers to an employee who has direct responsibility for a particular area or
shift, including anyone in a supervisory position who is directly responsible for the
performance of others, including but not limited to Foremen, Water System Operators, Sub
Foremen, and Designated Operators in the City's Outside Operations and Company Officers
in the Saint John Fire Department.
13. Violations: positive results on drug or alcohol tests ordered at any point under this Policy,
as well as attempts to avoid or subvert testing requirements, constitute violations of this
Policy and are subject to the corporate processes of Progressive Discipline.
11. INQUIRIES
Information and support for the administration of this Policy will be provided by the City's Human
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Resources Division, Corporate Services
12. APPENDICES
N/A
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