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| AUDIO
CONFERENCE Drugs
and Alcohol: Addiction and Testing |
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| MODERATORS: | |
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| THE
EXPERTS: | |
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| 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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