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COS-HR - Drug and Alcohol Policy_HR_2018SAINT JOHN Subject: Drug and Alcohol Policy Category: Human Resources Policy No.: COS-HR-001 M&C Report No.: Effective Date: Next Review Date: (3 years) Area(s) this policy applies to: Staff Office Responsible for review of this Policy: Human Resources Related Instruments: Alcohol and Drug SOP Policy Sponsors: Commissioner of Corporate Services Document Pages: This document consists of 15 pages. Revision History: Common Clerk's Annotation for Official Record I certify that the Drug and Alcohol Policy was approved by the City Manager on _July 10, 2018 July 10, 2018 Common Clerk Date Contact: Director Human Resources: Stephanie Hossack Telephone: 650-7637 Email: Stephanie.hossack@saintjohn.ca 1. Policy Statement .............. 2. Scope ............................... 3. Legislation And Standards. 4. Roles And Responsibilities 5. Monitor and Review ........ 6. Implementation ............... 7. Authorization ................... 8. Resources ........................ 9. Procedures ...................... 10. Glossary ........................... 11. Inquiries .......................... 12. Appendices ...................... TABLE OF CONTENTS 2 .3 .3 .4 .4 .7 .7 13 13 13 13 14 15 1. POLICY STATEMENT The City of Saint John recognizes that the use of illicit drugs or mood altering substances, and the inappropriate use of alcohol and medications can adversely affect the safety and well-being of employees and the public, and negatively impact the work environment and job performance. It can also place the integrity and safety of City facilities and operations at risk. The City of Saint John strictly prohibits the possession and/or use of illicit drugs, alcohol, and mood altering substances, as well as the inappropriate use of medications, by all employees and contractors of the City of Saint John while on duty, including work breaks, and/or while at City facilities, project sites or other work sites of the City of Saint John. The City also strictly prohibits the reporting to work and/or being at work under the influence of any substance prohibited under this policy. The objectives of this policy are: 1. To prevent workplace accidents and their consequences of human suffering, economic costs and loss of equipment and processes arising from the use of prohibited and controlled substances. 2. To defend the integrity of our service through the prevention of other potential exposures and liabilities associated with the use of prohibited and controlled substances in the workplace. 3. To champion and promote employee education and awareness along with related prevention activities with respect to prohibited and controlled substances. 4. To provide effective care to employees using or in possession of prohibited and controlled substances in the workplace, and 5. To provide a framework for management of the human resource implications associated with possession and use of prohibited and controlled substances in the workplace. 2. SCOPE All Employees: This Policy applies to all employees while they are engaged in City business, at all times when on City premises and worksites, and when operating City vehicles and equipment. Drug and Alcohol Testing: The application of this Policy requires testing for reasonable cause, including serious incidents and/or near misses. Testing determinations must be factual, reasonable and confirmed by a supervisor in consultation with a second supervisor or manager. Contractors: All contractors shall be advised of the applicable provisions of this Policy, and shall be expected to enforce these requirements for their employees, sub -contractors and agents. Any contravention of this Policy shall be considered a breach of contract. Confidentiality: Confidentiality is fundamental to dealing with problems in the workplace that are related to the misuse and abuse of alcohol and other drugs in order to protect the privacy of individuals and to encourage employees' acceptance of prevention and treatment measures. An employer who collects, maintains or uses personal health information is required to protect the confidentiality of that information, except where limited disclosure is necessary for the purposes of managing health and safety risks. In particular, employees' private health information will not be shared without informed, written and voluntary consent from the employee, except where: a) a licensed health care practitioner or professional counsellor assesses an employee as posing a serious threat to themselves or others, and disclosure is required to ensure the safety of the employee or others; or b) as otherwise required or permitted by law. Specific confidential information covered under this section includes: a) any information on medication use; b) results of tests conducted which are only released to the Program Administrator (PA); c) all reports and documented conversations between the reporter and the individual reporting; d) all lab results for drug tests reported only to the PA and retained in a separate locked storage area only accessible to the PA; and e) any information related to the assessment or treatment of an employee. Under this Policy, information about an employee's work capabilities may be shared with management only to the point required for purposes of determining fitness for duty, appropriate work accommodation, and/or return -to -work initiatives 3. LEGISLATION AND STANDARDS This Policy is related to the following policy instruments of the City of Saint John: a) Health and Safety (General) Policy b) Employee and Family Assistance Program (EFAP) c) Drug and Alcohol SOP d) Applicable Collective Agreements and Terms and Conditions of Employment Additionally, this Policy aligns with the provincial Occupational Health and Safety Act of New Brunswick, as well as the federal Canada Labour Code Part II and the Guidelines documents of the Canadian Human Rights Commission. 4. ROLES AND RESPONSIBILITIES EMPLOYEES All Employees are expected to work safely and are expected to: !9 a) read and understand, follow and comply with the policy and employee responsibilities under it; b) report fit for work and remain fit for work, including when on-call or stand by, while on City business, premises and worksites; c) take responsibility to ensure their own safety and the safety of others; d) use medications responsibly, be aware of potential side effects, and notify a supervisor or manager of any potential unsafe side effects that could affect their ability to work safely; e) cooperate with any investigation or search requirements as a result of an alleged violation of this policy, as required by management, local police or RCMP. f) bring forward to a supervisor or manager any concerns of co-workers who may be unsafe to work due to the use of drugs and/or alcohol; g) be aware of the programs available under this Policy for help, assessment, and treatment, as well as resources; h) seek advice and follow recommended treatment for a drug or alcohol problem, and follow recommended aftercare and monitoring programs; i) provide support for co-workers dealing with substance abuse issues; and j) participate and contribute to policy development and ongoing review. SUPERVISORS In addition to the responsibilities identified for employees, supervisors must: a) be knowledgeable in all aspects of the Policy; b) provide leadership by example, ensuring they follow the Work Rules as part of their responsibility to perform work in a safe and effective manner; c) serve as a resource to employees on the Policy; d) educate employees on the details of the Policy; e) be knowledgeable about and able to recognize the signs of drug and alcohol use; f) take action on reported or suspected drug and alcohol use or Policy violations by employees, including removing from the work environment any employee who appears to be unfit for work; g) be accessible and approachable for employees reporting co-worker concerns; h) assist employees who self -identify and request help with accessing available resources; i) ensure confidentiality of all information received related to this Policy; and j) support the return -to -work process for employees after treatment. III. MANAGERS In addition to the responsibilities identified for employees and supervisors, managers must: a) take appropriate steps to investigate any possible violation of this Policy; b) assist in the facilitation of the return to work process for employees after treatment. c) monitor and ensure compliance of contractors; d) complete a reasonable cause checklist and forward documentation to the PA; e) make referrals for required testing under the parameters and circumstances identified in the Policy. IV. PROGRAM ADMINISTRATOR The Program Administrator (PA) under this Policy is the City of Saint John's management person responsible for care and control of all records and documents, liaison for any internal communication and external consultants and health care providers, as required under this Policy. The PA is responsible to: a) administer and manage the drug and alcohol testing program with the Third Party Administrator (TPA); b) answer any questions related to Policy interpretation; c) support supervisors and managers in meeting their responsibilities under this Policy; d) coordinate with the Substance Abuse Expert (SAE); e) coordinate development and delivery of employee education and supervisor training programs, including ongoing refreshers; f) coordinate with the City of Saint John Employee and Family Assistance Program (EFAP) services; g) coordinate with the City's Safety Program; h) coordinate with the City's Return to Work Program Services; and i) serve as the internal and external liaison for all Program matters. V. EMPLOYER As part of the shared responsibility for health and safety, the City of Saint John, as an employer must: a) provide a safe work environment; b) be responsible for Policy implementation and ongoing application; c) provide all contractors with a copy of this Policy and ensure they understand the Work Rules and testing expectations of this Policy, and the requirement to adhere to these Work Rules and testing expectations, as part of their site orientation to the City of Saint John; d) provide education for employees on the specifics of the Policy, as well as the health and safety risks of substance abuse; e) provide training for supervisors and managers on indications of drug use and effective management; f) ensure drug and alcohol testing is conducted to identified standards; g) ensure confidentiality of all personal information related to the Policy; h) provide access to a comprehensive addiction assessment, referral and treatment plan, including return to work; i) provide coverage for required treatment and support; j) support aftercare requirements upon return to work; and k) conduct annual evaluation and review of the Policy to ensure currency with substance use trends, workplace concerns and adherence to best practices. VI. CONTRACTORS All contractors will be advised of this Policy and, as a condition of contract, are required to: a) provide a safe workplace; b) ensure that all employees and sub -contractors understand the Work Rules and testing expectations of this Policy, and the requirement to adhere to these Work Rules and testing expectations, as part of their orientation to the City of Saint John; c) ensure that urine drug and breath alcohol testing is performed according to investigative requirements and standards set out in this Policy; d) provide confirmation of adherence to Work Rules and testing expectations as requested by the City of Saint John; e) cooperate with any investigation conducted under this Policy; f) liaise with the City of Saint John's PA for all matters related to this Policy; and g) allow audits by the City of Saint John to ensure these responsibilities are being met. 5. MONITOR AND REVIEW This Policy shall be reviewed every three years and from time —to- time by the City's Human Resources Division, Corporate Services. 6. IMPLEMENTATION 6.1 EARLY RECOGNITION AND MONITORING Early identification and prompt treatment of drug and/or alcohol addiction is in the best interests of the City, its employees and the community. Drug and/or alcohol addiction can affect work behaviours in the following ways: a) Lateness b) Absenteeism c) Noticeable differences in behaviour d) Inability to concentrate e) Carelessness in appearance f) Inattention to job duties g) Conflicts with co-workers h) Mood swings i) Sloppy work j) Failure to meet deadlines k) Isolation from co-workers 6.2 VOLUNTARY DISCLOSURE OF PROBLEMATIC SUBSTANCE USE: Employees who believe they have a problem with substance use/abuse or a developing drug and alcohol problem are expected to seek assistance and to follow treatment so that job performance is not affected 6.2.1. An employee who suspects they have a drug and/or alcohol problem will not be disciplined for voluntarily requesting help in addressing a substance abuse problem provided that: FA a) the request occurs prior to any work-related violation of this Policy; b) the employee has not been requested to submit to a drug and/or alcohol test; and c) the employee has not been involved in an incident requiring testing. An employee who believes they may be unable to comply with the drug and alcohol Policy must seek help by taking such steps as are necessary to ensure they present no safety risk to themselves or others and may: a) contact a community resource or occupational health for assistance; or b) inform a family member or friend who can assist in asking for assistance from a City representative; or c) ask a co-worker, supervisor or City representative for assistance in accessing assessment and treatment resources. 6.2.2. A co-worker who is asked for assistance from an employee must inform a person in authority of the request. 6.2.3. A supervisor or person in authority who is responding to an employee request for help must: a) take all necessary steps to ensure the employee is fit for duty and presents no risk to themselves or others in the workplace; b) inform the employee of the assistance available from the City; c) encourage the employee to access available resources; and d) inform the employee that if they do not contact the City or appropriate resources for assistance, the employee may be required to submit to any or all of the following: i. drug and alcohol testing as set out in this Policy, ii. an assessment by a SAE, iii. an assessment by an Occupational Health physician and that the failure to do so may result in disciplinary action up to and including termination if they are found at any time to be unfit for duty. 6.3 Fitness for Duty Employees must report for work, fit for duty and remain fit for work during work hours and be able to perform assigned duties safely and effectively without any limitations due to the use or after-effects of drugs and alcohol. 6.3.1. Employees must not use in the course of work: a) Alcohol (except as authorized for social purposes in accordance with this Policy); b) Drugs (except as set out in the Medication Use section, 6.4, of these Work Rules); or c) Any product or device that may be used to tamper with any sample for a drug and alcohol test. F? 6.3.2. Employees must not report to work or remain on duty: a) with an alcohol level equal to or in excess of 0.04 grams per 210 liters of breath; b) while unfit for duty due to the use of prescription or non-prescription drugs (with the exception of 6.4). 6.3.3. On -Call Situations: a) Scheduled: All employees scheduled on-call are required to remain fit to respond to a call-in and be in compliance with this Policy. b) Unexpected/Unscheduled Call -In: If an employee is under the influence of alcohol or other drugs and is contacted by the City to perform unscheduled services, it is the responsibility of the employee to decline the call. Doing so will not result in disciplinary action. 6.3.4. Employees must not: a) refuse to submit to or to provide a sample for a drug and alcohol test; b) tamper with a sample for a drug and alcohol test. c) while on City of Saint John property/worksite possess, distribute, transfer or offer for sale: i. alcohol; ii. drugs (except as identified in 6.4); iii. drug paraphernalia; or iv. any product or device that could be used to tamper with any sample for a drug and alcohol test. 6.4 MEDICATION USE All employees are expected to use prescription and non-prescription drugs in a safe and responsible manner. Under this Policy employees may possess or use Health Canada approved and regulated prescription and non-prescription drugs under the following conditions: 6.4.1. The prescription drug in the employee's possession or used by the employee must be prescribed to the employee by a licensed health care professional and be current and valid; 6.4.2. The employee must use the prescription or non-prescription drug for its intended purpose and in the manner directed by the employee's licensed health care professional or the manufacturer of the drug; 6.4.3. The use of the prescription or non-prescription drug does not adversely affect the employee's ability to safely perform their duties; and 6.4.4. Prior to beginning work, the employee must notify their supervisor or manager of any unsafe side effects that could affect their ability to work safely. 6.5 OFF -WORK ACTIVITIES In addition to the foregoing, the City shall investigate any situation where off -the -job actions involving drugs or alcohol may have implications for the workplace, and shall take appropriate action under the circumstances. 6.6 SUPERVISOR SAFETY CONCERN NOTIFICATION Supervisors or managers who are notified by an employee of their use of a drug that may affect their ability to work safely are required to provide this information to the City of Saint John's PA for follow up. Other than the PA notification, any information provided to the supervisor or manager under this section of the Work Rules must be maintained in confidence, unless otherwise authorized by the employee or required by law. 6.7 IMPAIRED DRIVING CHARGES AND/OR CONVICTIONS Any employee who operates or is expected to operate a City of Saint John vehicle, or a vehicle provided to the employee for work purposes, and/or required to drive as a condition of employment must report immediately prior to their next scheduled shift to their supervisor or manager if: a) the employee's license is suspended; or b) the employee has been charged with or convicted of i. impaired driving ii. driving offenses related to substance abuse iii. refusal to provide a sample iv. having a blood alcohol level over the legal Blood Alcohol Concentration (BAC) limit in the jurisdiction where the offense occurred whether or not the suspension, or V. a charge or conviction related to conduct during City of Saint John business or employment. 6.8 ASSESSMENT, TREATMENT AND AFTERCARE An employee may be required to complete an assessment with a Substance Abuse Expert (SAE) as a result of Policy violation related to: a) self -identification; b) a positive drug and/or alcohol test; c) refusal; or d) tampering. Additionally, an employee may request an assessment from an SAE as a result of a self-help or self - identification request. 10 6.8.1. ASSESSMENT The process of referral to a SAE includes the requirement of the employee to consent to the assessment, participation in the assessment, SAE access to individuals who may inform the assessment regarding drug or alcohol use, and the release of initial, interim and summary reports, as appropriate, to the City of Saint John's PA. 6.8.2. TREATMENT Full participation in an appropriate treatment a program is expected and may include education, inpatient or outpatient programs, follow up and aftercare programs. Participation in treatment does not remove the requirement for satisfactory job performance. a) In any rehabilitation situation where, in the opinion of the treating professional, there is a risk that would prevent an employee from completing their routine work tasks in a safe and effective manner, work limitations or restrictions may be required. The employee may also be accommodated with modified duties, alternate duties where possible and practical, or placed on appropriate leave, with the specifics of the work limitations due to medical circumstances being communicated to the supervisor or manager. It may not always be possible to accommodate the employee but the City of Saint John will take all reasonable measures to accommodate the employee to the point of undue hardship. b) An employee who receives assistance to address their dependence or addiction to drugs and/or alcohol must comply with the terms and conditions of any program established to help the employee, as a condition of their continued employment. c) Any licensed health care professional providing assessment and/or treatment to an employee shall advise the employee that they will immediately notify the City of Saint John if: i) they become aware of a failure of the employee to follow the terms and conditions of a program established to help the employee; and/or ii) the employee presents a probable risk to themselves or others. 6.8.3. AFTERCARE AND RETURN TD DUTY All employees who complete primary treatment (e.g., residential or outpatient treatment) for drug and/or alcohol addiction or dependency are required to participate in an after-care program for a minimum of 2 years. In addition, a written return -to -duty agreement is required, outlining the conditions for return -to -duty and consequences for failing to meet those conditions. Unannounced testing for drugs and alcohol will be included in this agreement, with the specifics as recommended by the SAE in consultation with the City's PA. 6.9 PREVENTION AND EDUCATION Safe working conditions for all employees including a work environment free from the negative effects of drug and alcohol use is a priority for the City of Saint John. We recognize that prevention and education are critical to creating a safe and healthy work environment. 11 It is also recognized that employees are more likely to follow the drug and alcohol Policy when they understand the associated safety risks and the availability of assistance for current or emerging drug and alcohol problems. Dependency on drugs and alcohol is a treatable condition and early intervention can improve recovery. The City of Saint John provides information to help employees' access confidential assessment, referral, treatment and after-care services through a variety of options including peer support, EFAP, extended health benefits and community resources 6.9.1. EDUCATION This Policy stresses the prevention and early identification of problem situations related to drug and alcohol use. The City of Saint John will educate and inform employees about the impact of substance abuse in the workplace and the existence and effect of this Policy. The City of Saint John is committed to providing education for all Employees who have obligations under this Policy. Education will include the following: a) the health and safety focus of the Policy; b) key elements of the Policy, including: c) shared responsibility d) self-help e) standards f) circumstances where the Policy requires drug and alcohol testing g) drug testing procedures h) consequences for Policy violations; i) effects on employees' ability to do their jobs safely that result from drug and alcohol use; j) behaviours that a person demonstrates when under the influence of drugs and alcohol; k) role of the City of Saint John' s and community resources and how to access these services. 1) focus on rehabilitation and re-employment; and m) return -to -work and relapse prevention. 6.9.2. Training for Managers In addition to the education identified for employees, the following additional information will be included for the training of supervisors and managers: a) appropriate communication to employees about the content of the Policy; b) proper investigation and inquiry procedures when addressing incidents and interviewing employees relevant to Policy requirements; c) effective decision-making procedures in applying the drug and alcohol testing requirements of the Policy; d) availability of additional treatment and support services; 12 e) proper management of Policy information obtained relevant to Policy application; f) managing conditional return -to -work agreements; and g) return -to -work and relapse prevention. 6.10 Posting This Policy shall be posted and readily available for all employees and contractors. 7. AUTHORIZATION The Alcohol and Drug Policy is authorized under the authority of the City Manager. 8. RESOURCES This Policy was developed in consultation with Barb Butler, the municipalities of Moncton and Fredericton, as well as with consulting support from the Substance Abuse Experts of Homewood Human Solutions, and guidance and direction/recommendations of Nadine Wentzell, Workplace Drug and Alcohol Consultant. 9. PROCEDURES Standard Operating Procedures in support of this Policy will be developed under the authority of the City Manager. 10. GLOSSARY 1. City Business: refers to all business activities undertaken by employees in the course of the City's operations, whether conducted on or off City premises. 2. City Premises: includes but is not necessarily restricted to all land, facilities, work sites, and vehicles owned, leased or otherwise controlled by the City for the purpose of conducting City business. ] 3. City Worksite: refers to any location an employee is assigned to perform work. 4. Contractor /Contract Worker: refers to any company or individual who the City has contracted to perform a service on City premises or as a representative of the City and is paid on an invoice or fee for service basis. This includes third party contractors, sole providers/proprietors and consultants. 5. Employee: includes all permanent full time, part time, temporary, casual and seasonal employees of the City of Saint John. 13 6. Fitness for Work: being able to safely and acceptably perform assigned duties without any limitations due to the use or after-effects of alcohol, illicit drugs, medications or other mood altering substances. 7. Incident includes, but is not limited to: • a fatality; • serious injury to employees or the public; • near miss; • damage to person, property, reputation, security or the environment; or • detrimental impact to reputation. S. Manager: Superintendent, Operations Manager, Deputy Commissioner, Commissioner as well as District Chief, Deputy Chief, Fire Chief . 9. Monitoring Programs: various activities established to prevent relapse and recidivism after a violation of this policy, including but not limited to unannounced alcohol and drug testing. 10. Reasonable Cause: the criteria for mandated testing, including physical evidence of drug and alcohol possession and/or use in the workplace as well as observed behavioural evidence. Post -incident testing will be conducted only in the presence of Reasonable Cause. 11. Substance Abuse Expert (SAE): a licensed or certified professional who has met the educational, experiential and competency criteria to be in good standing with a professional agency that governs their respective discipline, who has received training specific to their roles and responsibilities, has knowledge of and clinical experience in the diagnosis and treatment of substance abuse -related disorders and who has an understanding of the safety implications of substance use and abuse. The SAE makes recommendations regarding the individuals assessed. These recommendations typically involve treatment options such as education, various counselling or inpatient treatment services, follow-up testing and the overall general conditions of post assessment care. 12. Supervisor: refers to an employee who has direct responsibility for a particular area or shift, including anyone in a supervisory position who is directly responsible for the performance of others, including but not limited to Foremen, Water System Operators, Sub Foremen, and Designated Operators in the City's Outside Operations and Company Officers in the Saint John Fire Department. 13. Violations: positive results on drug or alcohol tests ordered at any point under this Policy, as well as attempts to avoid or subvert testing requirements, constitute violations of this Policy and are subject to the corporate processes of Progressive Discipline. 11. INQUIRIES Information and support for the administration of this Policy will be provided by the City's Human 14 Resources Division, Corporate Services 12. APPENDICES N/A 15