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Sample Audio Conference

Drugs and Alcohol: Addiction and Testing
(unedited)

Part 1
Part 2

Materials are included with paid registration

MODERATORS:
Anne GregoryUnion Counsel
Canadian Union of Public Employees
   
Noella Martin Employer Counsel
Wickwire Holm
  
THE EXPERTS:
Jeffrey AndrewUnion Counsel
Cavalluzzo Hayes Shilton McIntyre & Cornish
   
Mark Contini Employer Counsel
Matthews Dinsdale & Clark

 

THE ISSUES:

Some of the questions to be addressed:

  • Are employees obligated to disclose a drug or alcohol addiction? Can employers institute a workplace drug or alcohol policy that requires mandatory self-disclosure?

  • Must an employer accommodate employees who deny having an addiction and refuse to recognize its effect on their work?

  • Are there effective strategies to accommodate addicted employees? Can employees be required to obtain medical treatment, or to participate in an addiction program?

  • What approach should employers take to relapses? Do relapses have to be accommodated? Can employees be discharged following a relapse? When do last chance agreements breach the duty to accommodate? How should such agreements be drafted to comply with human rights legislation?

  • In what circumstances can addicted employees be dismissed? For poor attendance? Misconduct stemming from their addiction? Should these cases be dealt with as culpable or non-culpable conduct?

  • When can employers institute routine drug and alcohol testing in the workplace? In safety-sensitive industries? For safety-sensitive positions? Must the employer demonstrate a serious problem that warrants mandatory testing? And that less invasive measures are not available?

  • Random drug and alcohol testing: when is it permissible? Does it depend on the industry? Or whether the employee is required to work in the U.S.?

  • How does the way arbitrators approach alcohol testing differ from their approach to drug testing? What accounts for the difference?

  • How is the law developing with respect to implementing drug and alcohol testing policies in "inherently safety sensitive" industries? What factors are arbitrators taking into account in determining whether an industry is "inherently safety sensitive"?

  • Is the definition of "disability" expanding? Could a gambling addiction be considered a disability? Smoking? Food? Pornography?

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