The 13 Most Important OHS Cases of 2022
Technically, courts and legislatures are supposed to make the laws while courts, arbitrators and tribunals (which we’ll refer to collectively as “courts”) are supposed to simply interpret it. This is […]
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Arbitrator Shouldn’t Have Upheld Random Drug Testing Policy
An airport required safety-sensitive workers to submit to random drug and alcohol testing. The union filed a grievance but the arbitrator rejected it. But the Ontario appeals court said the […]
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Minor Chemical Spill Isn’t Serious Enough to Justify Post-Incident Drug Testing
A worker had to undergo post-incident testing after a chemical spill in the bed of the truck she was driving caused some minor equipment damage. The test came back positive […]
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The Top 10 OHS Compliance Cases of 2022 (So Far) & Their Impact on You
The court cases most likely to directly affect your OHS program and policies. Key OHS cases from the first 6 months of 2022 addressed issues ranging from the authority of OHS […]
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Naloxone for Workplace Opioid Overdose – Compliance Game Plan
Keeping a naloxone kit at your workplace can save lives—and ensure compliance if you’re in Ontario. The opioid crisis is having a devastating impact on Canadians, especially in the western and […]
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Workplace Opioid Overdose & Naloxone Response Policy
POLICY In recognition that addiction to opioid drugs is a societal problem and that overdoses can happen anytime and anywhere, including within the workplace, ABC Company will provide for […]
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Workplace Naloxone Incident Debriefing Form
In addition to an incident report form to be completed immediately after a workplace naloxone overdose incident occurs, you should get staffers involved to debrief you on the effectiveness of […]
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Naloxone Hazard Incident Report
If you have a workplace naloxone program, you need to keep records of overdose incidents to document and review the effectiveness of your response efforts. Here’s a template incident report […]
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Naloxone Hazard Workplace Assessment Form
Should you implement a naloxone program in case somebody suffers an opioid overdose at your workplace? Here’s a template assessment form you can use to make that determination. Note: If […]
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Naloxone Hazard Training Checklist (Nasal Spray)
Naloxone may be administered only by personnel who’ve received proper training. Here’s a Checklist you can use to verify such training where naloxone is administered via nasal spray.
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Naloxone Hazard Training Checklist (Injection)
Naloxone may be administered only by personnel who’ve received proper training. Here’s a Checklist you can use to verify such training where naloxone is administered via injection.
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Naloxone Distribution & Use Log
Tracking information about distribution and use of naloxone is crucial to ensuring a continual fresh supply of the drug and monitoring the effectiveness of your program. Here’s a template log […]
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Distribution of Naloxone – Know The Laws Of Your Province
Where you can get naloxone kits for opioid overdose in your jurisdiction Although naloxone is a prescription drug, Health Canada allows it to be used on a non-prescription basis for […]
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OHS Bill 88: Naloxone Kit Requirement
New Ontario law (Bill 88) requires naloxone kits at high-risk workplaces. The opioid crisis is having a devastating impact on Canadians, especially in the western and northern parts of the country. […]
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Ontario Bill 88 Increases OHS Penalties, Requires Naloxone Kits
The 4 things Ontario OHS coordinators must know about Bill 88. Newly passed Ontario employment legislation, Bill 88, aka, the Working for Workers Act, 2022, makes significant changes to the OHS […]
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Ontario Introduces Bill 88: Legislation Mandating Electronic Monitoring Policies And Workplace Naloxone Kits And Increasing Fines Under The OHSA
Bottom Line On February 28, 2022, the Ontario Legislature introduced Bill 88, Working for Workers Act, 2022. In addition to the enactment of the Digital Platform Workers Rights Act, 2022 (which will be analyzed […]
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Drugs & Alcohol: Black Worker Required to Acknowledge Safety-Sensitive Status Claims Racism
An oil worker claimed that his supervisor was racist and that Suncor demanded he sign a letter acknowledging that his position was safety-sensitive and thus subject to random drug testing, […]
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Drugs & Alcohol: Being Impaired at Work Is Just Cause to Fire Safety-Sensitive Railway Worker
A track operations foreman got fired after a post-incident test came back positive for cocaine. The union contended that the penalty was a gross over-reaction resulting from an unfair investigation. […]
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What Constitutes a “Disability” – Know the Laws of Your Province
Drug and alcohol dependency is a disability, casual use is not. While workers with substance abuse problems can create significant safety hazards, they may also be deemed to have a disability […]
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Is a Worker’s Failure to Disclose Medical Marijuana Use Grounds for Termination?
Don’t expect workers to self-disclose substance abuse if you don’t have a disclosure policy. There are nearly 300,000 legally registered medical marijuana users in Canada, nearly 8% of the population. Firing […]
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Workplace Drugs, Alcohol & Substance Abuse – Compliance Game Plan
Preventing work impairment without violating privacy and disability accommodations laws. Workplace substance abuse shouldn’t be such a controversial issue. After all, you can’t keep workers safe unless they show up sober, […]
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What to Do When a Worker Shows Signs of Substance Abuse – Ask The Expert
The employer’s duty to inquire about a worker’s potential need for accommodations. QUESTION What are our legal responsibilities if we suspect that one of our employees has substance abuse issues? ANSWER Employees with drug […]
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Testing Policies at Work: Drugs, Alcohol & COVID-19
Recorded Date: February 2, 2022 Time: 9:00 AM – 10:30 AM PST Speaker: Preston Parsons Recording: To access the recording of this webinar, please go here. This session will look at the current state of […]
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OK to Fire Driver for Falsely Denying DUI Incident
A truck driver with a record of attendance, performance and attitude issues managed to hang onto her job. The beginning of the end came when she was pulled over for […]
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OK to Require Medical Exam of Marijuana User’s Fitness for Safety-Sensitive Job
An energy company required safety-sensitive workers to pass pre-assignment drug testing before letting them work at the refinery. The company learned that a journeyman electrician the union sent to the […]
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OK to Fire Safety-Sensitive Worker for Not Being Fit for Duty
A safety-sensitive tree utility worker got fired for flunking his drug test. The Nova Scotia labour standards officer found that there was no just cause to terminate, but the employer […]
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Potential Suicide Risks Grounds for Workers Comp Not to Pay for Medical Pot
Does workers comp have to pay for medical marijuana legally prescribed to treat a former prison guard’s work-related post-traumatic stress disordered? After ping-ponging around the workers comp appeals tribunals, a […]
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No Security Clearance for Employee Involved in Drug Trafficking Incident
During a 2016 traffic stop search, agents found a WestJet employee to be in possession of 164 grams of marijuana. The employee was charged with drug trafficking. And even though […]
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Ontario Case Draws New Line on Power of Arbitrator to Review Drug Testing Policies
Arbitrator declines union’s bid to overturn nuclear power plant testing policy based on federal regulations. Labour arbitration boards have served as the primary battlefield in the decades-long war between employers and […]
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Bar Owner Fined $50,000 for Customer’s Drunk Driving
Video camera footage clearly showed that the customer served 5 20-ounce beers in the course of an hour was already visibly drunk when he entered the bar. So, when the […]
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