Alcohol and Drug Program

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1 Alcohol and Drug Program June 5, 2013

2 Table of Contents Strathcona County Alcohol and Drug Program 1 PURPOSE PROGRAM STATEMENT RESPONSIBILITIES PREVENTION, ASSISTANCE, REHABILITATION Prevention Assessment/Rehabilitation Treatment Confidentiality PROGRAM STANDARDS Illicit Drugs Alcohol Medications Call-in Situations PROCEDURES Performance Management Unfit for Duty Situations Alcohol and Drug Testing: Reasonable Cause Post Incident Obligation to Report: Site Access to Private or Publicly Owned Properties Pre-Employment Safety Sensitive Failure to Test Possession of Alcohol or Drugs Impaired Driving Charge Assistance of a Union representative TESTING Steps to request an Alcohol and Drug test Test Results DEFINITIONS

3 1 PURPOSE The purpose of the alcohol and drug program is to provide a safe workplace by reducing the risks associated with the use of alcohol and drugs for all employees including the members of the public and to ensure all employees are treated fairly and with respect. 2 PROGRAM STATEMENT The program establishes the expectations for appropriate conduct of employees, to provide consistent guidelines for all employees as well as supervisors and to provide a means for supporting employees who are dealing with current or emerging alcohol and/or drug problems. 3 RESPONSIBILITIES All employees engaged in Strathcona County business, working on County premises or worksites, and/or operating County vehicles and equipment are responsible to: Have an understanding of the alcohol and drug program rules. Report fit for duty and remain fit for duty while on County business and premises. Seek advice and follow appropriate treatment if a current or emerging alcohol or drug problem is apparent. Co-operate with any work modification related to safety concerns. Encourage a co-worker to access assistance before an alcohol or drug problem impacts performance or safety. Co-operate with an investigation into a violation of this program, including any requests to participate in the testing program, provide a sample or any independent medical examinations as required by Strathcona County. Use medications responsibly, be aware of potential side effects and notify your supervisor of any unsafe side effects where applicable. Not tamper with a sample for an alcohol or drug test given under this program. Employees of Strathcona County have a responsibility for a safe workplace as well as a responsibility to report any concerns about employee or contractor s fitness for duty that 3

4 may endanger themselves or others. Report any drug or alcohol or any other safety concern to your supervisor and be aware of the County s Alcohol and Drug Program. Supervisors are responsible for: Ensuring safe operations, follow-through and effectiveness of this program. Guiding employees who seek assistance to appropriate resources; for example, the Employee and Family Assistance Program (EFAP) or other community services. Being aware and learning the signs and symptoms of the use of alcohol and drugs and be able to recognize these at the worksite. Investigating any violation of the standards set out under this program and taking action on reported and/or suspected alcohol and drug use. Arrange for immediate alcohol and drug testing when required to do so under this program. Supporting rehabilitation activities and return to work arrangements, where applicable. Department Directors are responsible for: The awareness and support of the Alcohol and Drug Program in their respective departments. Senior Human Resources Business Advisors are responsible for: Supporting supervisors by providing guidance around this program s objectives and rules. Ensuring best practice and advice around employee drug and alcohol issues on a case by case basis. Manager Occupational Health and Safety is responsible for: Review of the Alcohol and Drug Program at least every two years or when updates are required due to legislation, industry standards or Strathcona County requirements and procedures. Ensuring that alcohol and drug testing is performed according to program standards. 4

5 Occupational Health Nurse is responsible for: The confidential maintenance of the drug and alcohol testing process and the results of the alcohol and drug testing process. Disability Management: Coordination of return to work and treatment programs. Manager Employee and Family Assistance Program is responsible for: Assisting employees in a confidential nature that come forward looking for help with an alcohol or drug problem. Referring to rehabilitation services, counseling and any other needed resources. Chief Commissioner is responsible for: Approving the Alcohol and Drug Program for Strathcona County. 4 PREVENTION, ASSISTANCE, REHABILITATION 4.1 Prevention Strathcona County is committed to informing all employees of the safety risks associated with the use of alcohol and drugs and the assistance available under the Employee and Family Assistance Program (EFAP). This program stresses the importance of prevention and early identification of potential problem situations. Information is available on health and safety hazards of alcohol and drug use, and the process to access resources for assistance with an alcohol or drug problem, or any other problem that may be affecting work performance. This information is available through the Strathcona County Employee and Family Assistance Program (EFAP) and Occupational Health and Safety. 4.2 Assessment/Rehabilitation Alcohol and drug dependency are treatable illnesses. Early intervention greatly improves the probability of a lasting recovery. If employees are concerned about a substance dependency or emerging alcohol or drug problem, they should seek advice and follow appropriate treatment promptly before job performance is affected or violations of this program occur. 5

6 Employees who voluntarily disclose an existing or emerging alcohol or drug problem, will be offered a rehabilitation plan by Strathcona County which may include counseling and/or treatment, starting with a referral for an alcohol and drug assessment. Substance abuse does not excuse bad behaviour. Adverse behaviour may result in discipline. Accessing assistance or declaring a problem does not eliminate the requirement for an employee s compliance with this program. Investigations into a possible program violation or entry into the disciplinary process cannot be avoided by a request for assistance with a problem or by disclosure that the employee is already involved in a treatment program. 4.3 Treatment An employee who is a candidate for primary treatment (for example, residential or outpatient treatment) for alcohol or drug problems will be expected to enter into a written agreement to support their recovery. The agreement will specify conditions for a return to work and the consequences for not meeting these conditions. If recommended by the treatment resource, one aftercare condition may include unannounced testing. Employees will be placed on sick leave or a leave of absence until they are able to safely return to work. Work schedules may be adjusted within reasonable limits to accommodate time off from work to attend the treatment or counseling. 4.4 Confidentiality Strathcona County has a responsibility to protect an employee s personal medical information from any deliberate or accidental disclosure as per the Freedom of Information and Privacy legislation and Alberta Health Act. The exception will be in circumstances where disclosure is deemed necessary in accordance with the law. 5 PROGRAM STANDARDS To minimize the risk of unsafe and unsatisfactory performance due to the use of alcohol or other drugs, the following standards have been set out and apply to everyone when on Strathcona County business, premises and worksites including when operating a motor vehicle. The only exception to the prohibition on handling alcohol or illicit drug possession below is police personnel and/or other staff when performing their duties. Everyone is expected to report fit for work, and remain fit throughout their work day or shift, including when scheduled to be on call. 5.1 Illicit Drugs The following are prohibited: use, possession, distribution, offering or sale of illicit drugs or illicit drug paraphernalia 6

7 possession of prescribed medications without a legally obtained prescription, and distribution, offering or sale of prescription medications (trafficking) reporting for work under the influence of illicit drugs with a drug level for the drugs set out below equal to or in excess of the concentrations set out below, or while unfit for work on account of the use of a prescription or non-prescription drug; and presence in the body of illicit drugs as determined through the testing program 5.2 Alcohol The following are prohibited: reporting for duty under the influence of alcohol, with an alcohol level equal to or in excess of 0.04 grams per 210 litres of breath use of alcohol during the work day including during meals and breaks possession, distribution, offering or sale of beverage alcohol unless required to do so as part of job duties. There are situations where alcohol may be served or available to County employees while attending gatherings such as: Networking Conferences Training County hosted events Invitational events Alcohol consumption may be taken into account when the employee is not working or expected to work. For example, an employee may be considered working while attending conference/training sessions that are scheduled from 8:00 AM 5:00 PM. In contrast, an employee is not considered to be working while participating in a golf tournament. In such cases regarding after-hours alcohol consumption, it is expected that employees conduct themselves responsibly while representing Strathcona County. For clarification of alcohol consumption on County premises, see Strathcona County Municipal Policy Handbook Consumption and/or Storage of Alcoholic Beverages 7

8 Table 1. Urine Drug Concentration Limits Effective October 1, 2010 as per the Canadian Model for Providing a Safe Workplace; A best Practice of the Construction Owners Association of Alberta; Alcohol and Drug Programs and Work Rule Table 2. Oral Fluid Drug Concentration Limits Effective October 1, 2010 as per the Canadian Model for Providing a Safe Workplace; A best Practice of the Construction Owners Association of Alberta; Alcohol and Drug Programs and Work Rule 8

9 5.3 Medications Employees are expected to use prescribed and over-the-counter medications responsibly. The intentional misuse of medications (for example, using the medication not as it has been prescribed, using someone else s prescription medication, combining medication and alcohol use against direction) while on Strathcona County business, premises or worksites is prohibited. Medications of concern are those that inhibit or may inhibit an employee's ability to perform their job safely and productively. Employees are expected to investigate (through their doctor or pharmacist) whether a medication can affect safe operation and take appropriate steps to minimize associated risk. They are to report any requirement for modified work to their supervisor and follow any recommended course of action to minimize safety risk. The supervisor or manager who has received notification of the use of a prescription or non-prescription drug by an employee may not disclose any information provided with respect to the prescription or non-prescription drug to any person other than a person who needs to know, to discharge a statutory or common-law obligation. An Employee complies with this program if: he or she is using a prescription or non-prescription drug for its intended purpose and in the manner directed by the employee s physician or pharmacist or the manufacturer of the drug and, the use of the prescription or non-prescription drug does not adversely affect the employee s ability to safely perform his or her duties, and the employee has notified his or her supervisor or manager before starting work of any potentially unsafe side effects associated with the use of the prescription or non-prescription drug. 5.4 Call-in Situations Employees receiving standby pay for on-call situations are expected to be fit for work and in compliance with this program. If unexpected circumstances arise where an individual is requested to perform unscheduled services while under the influence of alcohol, illicit drugs or medications, it is the responsibility of that individual to decline the assignment. 6 PROCEDURES 6.1 Performance Management The normal process of performance management will continue to be emphasized. Employees with apparent performance problems will be encouraged to seek the assistance from the Employee and Family Assistance Program (EFAP) should a personal problem be affecting their job performance. 9

10 6.2 Unfit for Duty Situations In all situations when there are reasonable grounds to believe an employee is unfit for duty, responsible escort procedures will be followed. The employee will be escorted to a safe place and given an opportunity to explain why they appear to be in a condition unfit for duty. If the supervisor conducting the interview has reasonable grounds to believe the employee is in a condition unfit for duty, and after consultation and agreement of a second person where possible, they may take any of the following actions: Referral for an alcohol and drug test if there are reasonable grounds to believe alcohol or drug use may be a factor in the situation; and/or Referral for medical attention if there are immediate medical concerns (doctor, hospital or clinic) The employee will be provided with transportation to the collection site or hospital/clinic depending on the circumstances, and then to their place of residence or to the care of another person. The employee may be temporarily placed on leave with pay or reassigned pending completion of any investigation and, depending on the test result, a fitness for duty assessment may also be required. 6.3 Alcohol and Drug Testing: All employees will be subject to testing in the following circumstances: Reasonable Suspicion Testing will take place whenever a Strathcona County representative has reasonable grounds to believe that the actions, appearance or conduct of an employee while on duty are indicative of the use of drugs or alcohol. The decision to test shall be made by a supervisor, with confirmation by a second trained person whenever possible (for example: another supervisor, manager, or human resources). The basis for the decision will be documented as soon as possible after action has taken place. The referral for a test will be based on specific, personal observations resulting from, but not limited to such indicators as: observed use or evidence of use of a substance (for example, smell of alcohol) observed signs of drug or alcohol impairment, erratic or atypical behaviour of the employee changes in the physical appearance of the employee changes in the speech patterns of the employee Post Incident Alcohol and drug testing is required after a significant work-related accident or incident as part of a full investigation into the circumstances. Significant Incident, meaning an undesired event that could or does result in harm to people, damage to equipment or loss of process. (Further explanation is provided in the Definition section). 10

11 The decision to refer employee(s) for a test will be made by the supervisor investigating the incident and with the agreement of a second person whenever possible (for example, another supervisor, manager, or human resources). The following procedures apply: the need for a test must be documented as part of the preliminary investigation as soon as practical after the triggering event a test will not be necessary if there is clear evidence that acts or omissions of employee(s) could not have been a contributing factor (for example, structural or mechanical failure) employee(s) referred for testing will only be those who are identified with reasonable suspicion of being under the influence of drugs and alcohol employee(s) to be tested must not use any alcohol or drugs until after the test has been completed or until they have been advised that a test is not required Obligation to Report: Since all employees may be subject to testing after a significant incident, they are obligated to report the situation to their immediate supervisor as soon as possible after the incident and participate fully in any subsequent investigation. Failing to report a significant incident can result in an investigation Site Access to Private or Publicly Owned Properties Site access testing may be required for Strathcona County employees to enter private or publicly owned properties that have established site access testing requirements. When an owner directly or by contract requires site access testing, Strathcona County may require alcohol and drug testing of any Strathcona County employee as a condition of access to the owner s property Pre-Employment Safety Sensitive Pre-employment testing is to be coordinated by the respective Sr. Human Resources Business Advisor for the department of the prospective employee. Pre-employment testing will be done on positions that have been identified as safety sensitive positions. Supervisors in conjunction with the assigned Sr. Human Resources Advisor shall review position descriptions and identify safety sensitive jobs. Potential employees will be notified if the position they have applied for is a safety sensitive job. Criteria to be assessed when determining if a job is safety sensitive includes but is not limited to: Transporting members of the public by vehicle Identification of high risk activities in a Hazard Assessment for that position Previous fatalities or serious incidents related to that job at Strathcona County, other municipalities or related industries. 11

12 6.3.6 Failure to Test Violations of failure to test include: Not reporting directly for a test Refusal to submit to a test Refusal to disclose a test result to Strathcona County A confirmed attempt to tamper with a test sample, or Failure to report an accident which may require testing Failure to comply with testing will result in a full investigation and follow through with action appropriate to situation. 6.4 Possession of Alcohol or Drugs Strathcona County reserves the right to investigate any situation when there are reasonable grounds to believe that alcohol or illicit drugs are present on Strathcona County premises in violation of this program. Supervisors are responsible for identifying situations where a search is justified based on a combination of indicators that could include behaviour, odour, or presence of paraphernalia. They will be responsible for advising their Director/Manager of the situation, who may take the appropriate steps to investigate the situation. 6.5 Impaired Driving Charge Employees who operate a motor vehicle on behalf of Strathcona County are required to maintain a valid driver s license for the class of operation required. Any loss of license while off duty must be reported immediately to management, and the employee will no longer be qualified to drive on behalf of Strathcona County. The supervisor will consult with management and Human Resources to determine appropriate action based on the situation. An employee may be placed on a leave of absence until such time that their driver s license is re-instated. Or they may be reassigned work that does not require driving of a County vehicle. In addition, employees must inform their supervisor immediately if they have been charged with an impaired driving offense while they are on duty and operating a vehicle on behalf Strathcona County. Impaired driving would include but not be restricted to exceeding the legal blood alcohol content (BAC) in that jurisdiction, driving while impaired, or refusal to blow into a breath analyzer. Receipt of a charge will result in a full investigation and follow through with disciplinary action appropriate to the situation. 6.6 Assistance of a Union representative Representation of the union to which an employee is a member and with whom Strathcona County has a bargaining relationship may assist the employee or attend meetings related to any matter arising under this alcohol and drug program if the employee wishes the assistance of that representative. Classified employees may request that an employee of their choice attend as a resource/support. 12

13 7 TESTING Strathcona County will retain the services of a laboratory qualified to conduct drug testing. 7.1 Steps to request an Alcohol and Drug test 1. When it has been determined that testing is required in accordance with this Policy, the supervisor or manager will contact the alcohol and drug testing provider to schedule employee s test. It is important to note that the test should be completed as soon as possible after the incident has been noted. Gerico Drug Testing Ltd. (24 hours, 7 days a week) Phone: (780) A County representative (e.g. supervisor, manager) shall accompany the employee to the testing provider s facility or be with the employee until the testing provider arrives to the worksite. A County representative is not required to accompany an employee to the testing provider s facility for Pre-employment or Site Access testing. (An employee that is being tested shall be compensated for their time to complete the alcohol and drug test.) Alternatively, the Drug Testing provider can be requested to come on-site to conduct the test. Privacy and respect of the employee must be up-held in these situations. 3. Inform Human Resources that a test has been requested. 4. For an observation of employee conduct or post incident test once the employee has completed the test, they shall not return to work that shift and a safe means of taking the employee to their residence shall be followed through. 5. While the employee and the County are awaiting the test results the employee shall be informed that they will placed on a leave of absence with pay for any scheduled or on call shifts and this is not a disciplinary action. 7.2 Test Results A confidential written report from the testing facility will be provided to Strathcona County Occupational Health Nurse or designated Strathcona County Human Resources representative. Based on test results, the next steps will be determined on a case by case basis. Next steps will include a full investigation and follow through with appropriate level of discipline up to and including termination. Employees will be given an opportunity to disclose a drug/alcohol addiction. If an addiction exists, follow through with appropriate referral to resources as well as a substance abuse expert to verify the addiction will occur. 13

14 8 DEFINITIONS Drug: any substance, including alcohol, illicit drugs or medications, the use of which has the potential to change or adversely affect the way a person thinks, feels or acts. For the purposes of this program, drugs of concern are those that inhibit a worker s ability to perform his or her job safely and productively. Alcohol: the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl. Illicit drug: any drug or substance that is not legally obtainable and whose use, sale, possession, purchase or transfer is restricted or prohibited by law (for example, street drugs such as marijuana and cocaine). Medication: a drug obtained legally, either over-the-counter or through a doctor s prescription. Employee: all regular full time, part time, temporary, casual and fixed-term employees and students on Strathcona County payroll. Strathcona County Business: all business activities undertaken by employees in the course of performing duties, whether conducted on or off Strathcona County premises. Strathcona County Premises: includes but is not necessarily restricted to all land, facilities, mobile equipment and vehicles owned, leased or otherwise directly controlled by Strathcona County. Strathcona County Worksite: any worksite to which Strathcona County employees have been assigned for the purpose of conducting business. Fitness for Work/Duty: being able to safely and acceptably perform assigned duties without any limitations due to the use or after-effects of alcohol, illicit drugs or medications. Significant Incident: a fatality or serious personal injury to an employee or a member of the public an environmental spill with significant implications; or significant loss or damage to property, equipment or vehicles on-road accidents: anyone who operates a vehicle for Strathcona County is subject to testing after a significant accident or one requiring hospitalization of themselves, passengers or third parties other situations: at their discretion, Strathcona County may require a postincident test after any other significant work accident, incident or near miss as part of a complete investigation. Failure to report a serious accident, incident or near miss is a violation of this program. Supervisor: the individual accountable for a particular facility, department, or area, including managers and others in supervisory positions directly responsible for the performance of individuals. 14

15 Under the influence: of drugs (including prescription drugs) alcohol or any controlled substance for the purpose of this program is defined as the use of one or more of these substances to an extent that an employee is: unable to perform in a productive manner; in a physical or mental condition that creates a risk to the safety and well-being of the individual, other employees, the public or County property; or displaying signs or symptoms of substance abuse such as smell of alcohol on breath, slurred speech, and atypical behavior. 15

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