Drug & Alcohol Testing Policy

DRUG AND ALCOHOL TESTING POLICY (ALBERTA)

This Drug and Alcohol Testing Policy is based on the Construction Owners’ Association of Alberta model and is intended to operate within the legal and regulatory framework of the Province of Alberta. It must be interpreted and applied in accordance with Alberta occupational health and safety legislation, human rights legislation, privacy legislation, and applicable collective agreements.

LEGISLATION / REGULATIONS / STANDARDS (ALBERTA)

• Occupational Health and Safety Act, SA 2017, c O-2.1
• Occupational Health and Safety Code, Alta Reg 87/2009
• Alberta Human Rights Act, RSA 2000, c A-25.5
• Freedom of Information and Protection of Privacy Act (FOIP), RSA 2000, c F-25
• Canadian Human Rights Act (where federally applicable)
• Supreme Court of Canada jurisprudence on workplace drug and alcohol testing (Irving Pulp & Paper Ltd. v CEP, 2013 SCC 34)
• Construction Owners’ Association of Alberta – Canadian Model for Providing a Safe Workplace

PURPOSE

The purpose of this Policy is to:

• provide a safe workplace for all workers and others whose safety may be affected by workplace activities; and
• ensure that workers are treated fairly, with dignity, and in compliance with Alberta law.

POLICY STATEMENT

The use of alcohol or drugs can adversely affect a worker’s ability to perform work safely. ABC Company recognizes its obligation under Alberta OHS legislation to ensure, as far as reasonably practicable, the health and safety of workers. This Policy establishes clear expectations, responsibilities, and procedures relating to alcohol and drug use in safety-sensitive work.

SCOPE

This Policy applies to all workers, contractors, and subcontractors performing work for or on behalf of ABC Company at Alberta worksites, including safety-sensitive positions.

ALCOHOL AND DRUG WORK RULE

Workers shall not:

• report to work or remain at work while impaired by alcohol or drugs;
• possess, distribute, or consume alcohol or illegal drugs at a company worksite;
• misuse prescription or non-prescription medication in a manner that impairs safe work;
• refuse to comply with lawful testing requirements permitted under Alberta law;
• tamper with or interfere with any testing process.

Prescription and Non-Prescription Drugs

Workers using medication that may affect fitness for duty must notify their supervisor prior to commencing work. Supervisors shall protect confidentiality and apply accommodation requirements under the Alberta Human Rights Act.

TESTING CIRCUMSTANCES (ALBERTA)

Alcohol and drug testing may be conducted only where legally permissible, including:

• post-incident or near-miss testing where safety is at issue;
• reasonable cause testing based on objective evidence;
• return-to-work or follow-up testing as part of a rehabilitation agreement;
• site-access testing where required by project owners and permitted by law.

Random testing shall only be conducted where justified by a demonstrated general safety risk and implemented in accordance with current Alberta and Supreme Court of Canada jurisprudence.

EMPLOYEE ASSISTANCE AND SELF-DISCLOSURE

ABC Company encourages workers to seek assistance voluntarily through an Employee Assistance Program (EAP). Voluntary disclosure prior to a breach of this Policy will not result in discipline, provided the worker complies with treatment and fitness-for-work requirements.

DISCIPLINE AND CONSEQUENCES

Failure to comply with this Policy may result in discipline up to and including termination, subject to:

• the seriousness of the violation;
• prior disciplinary history;
• rehabilitation efforts;
• accommodation obligations;
• collective agreement requirements.

PRIVACY AND CONFIDENTIALITY

All personal information collected under this Policy will be handled in accordance with Alberta privacy legislation and disclosed strictly on a need-to-know basis.

TRAINING

Workers, supervisors, and managers shall receive training on:

• recognizing impairment;
• reporting procedures;
• legal obligations;
• accommodation and privacy requirements.

REVIEW

This Policy will be reviewed at least every three (3) years or sooner if legislative or jurisprudential changes occur.