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AUDIO
CONFERENCE
Testing and screening employees: Medical, fitness, psychological and personality, credit, security
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| WHEN: |
Thursday, March 12, 2009
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, March 16, 3:30 p.m. – 5:00 p.m. EDT |
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| WHERE: |
Your
own office or boardroom |
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| MODERATOR: |
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Michael Lynk
Arbitrator/Mediator |
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| SPEAKERS: |
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Delayne Sartison
Employer Counsel
Roper Greyell |
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Dan Scott
Union Counsel
Seveny Scott |
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ISSUES:
The increased focus on health, safety and security in the workplace has resulted in the introduction of sometimes intrusive employment screening methods, such as medical/fitness assessments, security and credit checks, psychological examinations and alcohol and drug tests. Employers must balance the obligation to provide a safe work environment with requirements in human rights and privacy legislation. Unions must ensure that any testing policies established in the workplace, as well as disciplinary decisions taken pursuant to those policies, adhere to the provisions set out in the collective agreement.
- What tools are employers using to screen and determine the suitability of employees?
- When are health and fitness tests acceptable and when do they violate privacy or human rights legislation? For what kinds of jobs have arbitrators found medical/fitness tests valid?
- What kinds of screening/background checks are appropriate and for what types of positions? Can employers request spousal/parental information? Credit, employment, and educational history? How can employers meet their obligations under privacy legislation to protect information in their custody from security breaches?
- What decisions are courts, arbitrators and privacy commissions making about the scope of privacy rights in the context of testing or screening? What tests are used to determine whether the collection of personal information by the employer is reasonable under privacy legislation?
- How do arbitrators determine if an employer testing or screening policy fulfills the reasonableness requirement? What less privacy-invasive options are available for testing employees?
- Under what conditions is drug and alcohol testing appropriate at the pre-employment stage? During employment? When are random drug and alcohol tests permitted?
- Is off-duty consumption of drugs or alcohol a legitimate concern of the employer sufficient to justify testing?
- What impact does the duty to accommodate have on decisions made following testing and screening?
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| ACCREDITATIONS: |
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| Approved by the Law Society of B.C. for 1.5 hours of 2009 Continuing Professional Development credits. |
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This program has been accredited by the Law Society of Upper Canada for 1.5 hours towards the professional development requirement for certification. |
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| Q
& A: |
Gather
your colleagues around a speakerphone in your own office or boardroom. Have the
opportunity to ask questions in the Question & Answer portions of the sessions.
An additional 15 minutes will be added at the end of the session for those who
wish to continue with Q & A. |
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| MATERIALS: |
Valuable,
up-to-date materials and case summaries will be available for downloading from
our website. |
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| REGISTRATION
FEE: |
$195,
plus GST (Registrations must be paid in advance of the audio conference).
Registration costs are per listening site/telephone, so you can have any number
of people listening at your location for one low price. Click here for registration information. |
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| CDs: |
Audio conference CDs, including a PDF copy of the materials from the conference, are available for $175 + GST per conference ($75 + GST for registrants). Click here to order. |
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| REGISTRATION
INFORMATION: |
When you register,
you'll be given a toll-free number to dial at the time of the
session and an access code to join the call. For additional program and registration information,
call Lancaster House at 416-977-6618 or register now. |
