Prevention our safe choice Policy to Prevent Workplace Alcohol and Drug Problems POLICY AND GUIDELINES

Transcription

1 Prevention our safe choice Policy to Prevent Workplace Alcohol and Drug Problems POLICY AND GUIDELINES

2 Prevention: our safe choice POLICY TO PREVENT WORKPLACE ALCOHOL & DRUG PROBLEMS

3 Dear colleagues, As part of CN s unwavering commitment to safety, all employees must do their utmost to safeguard themselves, their coworkers, their customers and their communities at all times. To perform at your best, you need the reassurance that you re working in a healthy and safe environment and have complete confidence in your colleagues ability to perform. A fundamental part of our commitment to health and safety is the company s zero tolerance for impairment in the work place, which is described in this booklet: CN s Policy to Prevent Workplace Alcohol and Drug Problems. This policy, which was introduced in 1997 and updated in 2004, is one of our key strategies to ensure that we are the safest railroad in North America. It covers all employees of CN and its subsidiaries in Canada, as well as contractors and tenants, and sets a higher standard for those employees who work in safety sensitive positions. This booklet also contains guidelines to help you understand exactly how the policy is applied. It is your responsibility to read the policy and guidelines to become fully familiar with them, as well as their application and consequences for you in your job Keep in mind that our policy stresses prevention, as well as assistance, for employees who may be having problems. These services, largely coordinated through CN s award-winning Employee and Family Assistance Program, are free of charge and strictly confidential. The EFAP is there to help employees and their families cope with a broad range of personal problems, including divorce and marital issues, stress and anxiety, childcare, eldercare, financial and legal problems, and bereavement, and the misuse of drugs or alcohol. To use the EFAP in Canada, call (English) or (French). Should you have any questions, please don t hesitate to talk to your supervisor, or your local Human Resources contact. Thank you for your full cooperation and support in this very essential initiative. E. Hunter Harrison President and Chief Executive Officer

4 Prevention: our safe choice POLICY TO PREVENT WORKPLACE ALCOHOL & DRUG PROBLEMS

5 TABLE OF CONTENTS Introduction 5 Policy to Prevent Workplace Alcohol and Drug Problems 6 Guidelines 9 Policy Standards 10 Definitions 13 Safety-sensitive Positions 15 Roles and Responsibilities 16 Consequences of a Policy Violation 20 Alcohol & Drug Testing 22 Testing Procedures 25 Impaired Driving Charges or Convictions 27 Escort Procedures 28 Searches 28 Guidelines on Hosting 29 Standards & Procedures for Contractors & Tenants CN Property/CN Work 31 Appendix APPENDIX A.1 The Role of the EFAP in the Policy 33 APPENDIX A.2 How to Access CN s EFAP 35 APPENDIX B Union/Management Agreement on the Control of Drug and/or Alcohol Abuse 36 APPENDIX C Medication Guidelines 37 Questions and Answers 38

6 Prevention: our safe choice POLICY TO PREVENT WORKPLACE ALCOHOL & DRUG PROBLEMS

7 INTRODUCTION The purpose of this guide is to help you understand the policy and your responsibilities, There are three main parts: 1. The Policy 2. The Guidelines clarify and expand on all aspects of the policy 3. Questions and Answers frequently asked questions about the policy About This Policy For many years, CN has had a variety of programs and practices pertaining to alcohol and drug use. This policy consolidates these programs and provides a comprehensive set of guidelines for all of CN s Canadian workforce. The policy clearly defines who is covered, the standards and consequences of violation. This policy applies to all Canadian-based CN employees, as well as contractors, subsidiaries, tenants, and guests; provides clear supporting guidelines to help everyone implement the policy; establishes and clearly describes serious consequences of policy violations; includes provisions for drug testing (not random); clearly defines roles and responsibilities that make everyone accountable; and requires employees who must have a valid driver s license or who operate railway equipment to report impaired driving charges or convictions. More Information If you have questions about any aspect of the policy or require additional copies of this policy or information about the EFAP, contact your Human Resources representative. Introduction 5

8 Introduction Canadian National (CN) is committed to the health and safety of its employees, the public and the environment in order to become the safest railway in North America. As part of this commitment, CN, its employees and unions, have a responsibility to maintain a safe workplace, free from the negative effects of alcohol and other drugs. As such, CN has zero tolerance for impairment in the workplace. Management, unions and employees are concerned with alcohol and other drug use because it can affect the health, safety, performance and conduct of employees on the job, and impose hardships on the employer, employee, co-workers and family. In this light, CN has introduced this policy as an important component of its overall safety program to minimize risk in all operations. Policy Scope This policy applies to all employees of CN and its subsidiaries who are based in Canada. Those employees in safety sensitive positions are held to a higher standard and are subject to more serious consequences because of the direct impact that these positions have on safety. In addition, Canadian-based employees who operate into the United States are subject to the rules and regulations governing cross-border operations. U.S.-based employees of CN are subject to the rules and regulations of that jurisdiction. Because company concern for safety extends to the operations of contractors and tenants, they are also expected to adhere to these standards, in whole or in part, as a condition of contract or lease. Policy Statement All employees are required to report and remain fit for duty, free of the negative effects of alcohol and other drugs. It is strictly prohibited to be on duty or to be in control of a CN vehicle or equipment while under the influence of alcohol or other drugs, including the after-effects of such use. Specifically, the use, possession, presence in the body, distribution or sale of illegal drugs while on duty (including during breaks), on or off company premises, on company business, or on company premises including vehicles and equipment, is prohibited. Possession, distribution or sale of beverage alcohol, and the consumption of any form of alcohol, is prohibited while on duty (including during breaks), on company premises, including vehicles and equipment, off company premises, or on company business. Employees are expected to use over-the-counter or prescription medications responsibly. All employees, in particular those in safety sensitive positions or who can be in the control of a CN vehicle or equipment, are responsible for investigating whether the medication will affect safe operations. Employees are required to check with their own physician or pharmacist, report any concerns to CN s designated medical provider and abide by their recommendations to ensure safety. Policy 6

9 Prevention and Assistance Personal problems affecting an employee s performance, health or safety can often be overcome with proper education, counseling or treatment. CN is committed to helping any employee who may have a problem related to alcohol or any other drug. However, the employee must be willing to address the problem before it has any impact on performance. Seeking assistance is the preferred method of dealing with these problems. In these cases, the employee s employment or advancement opportunities will not be affected, provided approved rehabilitation is undertaken and results in satisfactory control of the problem. Employees should encourage co-workers who may have a current or emerging alcohol or drug problem to contact the Employee and Family Assistance Program (EFAP), where assistance will be provided in line with the company s EFAP policy. Using the services provided by the EFAP does not eliminate the requirement to meet performance expectations. In addition to the educational program outlined in the EFAP policy, CN provides educational and awareness programs for employees concerning this policy and its application. Available Means to Assess and Monitor Policy Compliance Supervisory Management of Performance: Supervisors will be trained as to their responsibilities in administering this policy. Medical Assessments of Fitness for Duty Employees who work in or transfer into safety sensitive or safety critical positions are required to undergo pre-placement and periodic medical assessments that evaluate the impact, if any, of medical conditions on fitness for work. As part of these assessments, heath conditions such as substance abuse disorders can be identified, assessed and monitored through medical examination, and biological testing (including drug testing). Where an employee in a safety sensitive or safety critical position is diagnosed as having a substance use disorder, medical monitoring, including drug and alcohol testing, may be required to ensure on going fitness for duty in this position. Reasonable Cause and Post Accident Testing Biological testing for the presence of drugs in urine or alcohol in the breath is conducted where reasonable cause exists to suspect alcohol or drug use or possession in violation of this policy, including after an accident or incident. Post accident testing is done after any significant accident or incident where an experienced operating officer, upon consideration of the circumstances, determines that the cause may involve or is likely to involve a rule violation and/or employee judgment. In cases of reasonable cause or post accident testing, any employee whose breath alcohol concentration is over 0.04 or who tests positive for illegal drugs would be considered to be in violation of this policy. Employment Contracts Employees may be monitored on the compliance of this policy, including testing for drugs and alcohol, as part of their employment contract. This would be established as a condition of continuing employment or reinstatement after dismissal. Policy 7

10 Searches CN reserves the right to conduct unannounced searches for alcohol or drugs where there are reasonable grounds to believe they are present on premises, vehicles and equipment owned, leased, or otherwise controlled by CN. Impaired Driving Charge or Conviction Employees who require a valid driver s license in the performance of their duties or who operate railway equipment and where driving privileges are lost or suspended due to an impaired driving charge or conviction while not on duty, nor in a CN vehicle, nor on CN premises, must immediately report such loss to their supervisor. A medical assessment will then determine whether the employee suffers from a substance use disorder. Rule G and Rule G By Pass This policy supplements but does not modify the General Safety Rule 1.1, Canadian Rail Operating Rules (C.R.O.R.) Rule G and the Union/Management Agreement on The Control of Drug and/or Alcohol Abuse. (Rule G By Pass). Nothing in this policy reduces the requirements of Rule G (given in the policy guidelines) or changes the provisions of the Rule G By Pass agreement (summarized in the policy guidelines). Hosting* To demonstrate CN s commitment to a safe, healthy workplace free of the negative effects of alcohol or other drug use, the company supports and provides guidance for responsible hosting practices, including designated driver programs. Violations Violation by an employee will result in corrective action up to and including dismissal. Violation by contractors or tenants will be considered a breach of their contract or lease. Refusal to complete the testing process set out under this policy is considered a policy violation. Authority The Senior Vice-President, Network Operations and the Vice-President, People, in consultation with other Vice-Presidents and Divisional Heads, are jointly responsible to develop and implement information, education, testing and follow-up required under this policy. Supporting Guidelines See your supervisor for detailed guidelines supporting this policy which address implementation, testing procedures, consequences of policy violation, reinstatement requirements, procedures for EFAP referral, designated safety sensitive positions, and other related issues. * Hosting Practices on page 29 Policy 8

11 GUIDELINES In support of a safe work environment, the following guidelines have been developed to clarify and implement Canadian National s (CN) Policy to Prevent Workplace Alcohol and Drug Problems. In the event that a situation arises that is not covered in these guidelines, please contact your supervisor or Human Resources representative. Guidelines 9

12 POLICY STANDARDS To minimize the risk of unsafe and unsatisfactory performance due to the use of alcohol or other drugs, all employees must report and remain fit for duty, and respect the following standards: Alcohol Possession, distribution or sale of beverage alcohol, and the use of any form of alcohol, is prohibited while on duty (including during breaks on or off CN property), on company business, or on company premises, including vehicles and equipment. Limited exceptions to this restriction will be allowed with prior approval of a Vice-President. This does not limit retail outlets and licensed business establishments from carrying out their normal operations. Presence in the body of alcohol above a BAC of 0.04, when on duty or on company business or premises, is also prohibited for all employees. In any situation where employees are to be tested with reasonable cause including after an accident or incident, they are prohibited from using alcohol within eight hours of the accident or incident, or until tested or advised that a test will not be necessary. Illegal Drugs The use, possession, presence in the body, distribution or sale of illegal drugs is prohibited while on duty (including during breaks), on company business, or on company premises, including vehicles and equipment. Any presence in the body of illegal drugs, as demonstrated by a positive drug test with reasonable cause or after an accident, is in violation of this policy. Medications All employees are required to use medications, both prescribed and over-the-counter, responsibly. The possession of prescribed medications without a legally obtained prescription, and the distribution, offer or sale of prescription medications is prohibited. The intentional misuse of medications (e.g. using the medication not as it has been prescribed, using someone else s prescription medication, combining medication and/or alcohol use against direction) is prohibited while on duty (including during breaks), on company business, or on company premises, including vehicles and equipment. Medications of particular concern are those that inhibit or may inhibit an employee s ability to perform a job safely and productively. (See Appendix Medication Guidelines). All employees are expected to manage potential impairment during working hours due to the legitimate use of medications. Employees are required to contact their personal physician, pharmacist or designated medical provider to determine if the medication or combination of medications can have a negative impact on performance, and to take appropriate steps to manage any associated risk. All employees holding a safety sensitive position and in the control of a CN vehicle or equipment are expected to investigate whether the medication will affect safe operations by checking with their own physician or pharmacist and report any concerns to CN s designated medical provider (at ). The medical provider will assess the situation to determine whether the employee can safely perform regular duties. Where it is determined that continued use of the medication will affect the individual s ability to operate safely, employees are required to respect any recommendations including modified work, if needed and available, in order to eliminate safety risks. Guidelines 10

13 Employees On-Call It is the employee s responsibility to remain fit for duty when on call. For the purposes of this policy, unionized employees receiving compensation for being on call are considered on duty. If an employee is not on call and unexpected circumstances arise (e.g. an emergency situation) when he/she is requested to perform unscheduled services while under the influence of alcohol, drugs, or medications, it is the responsibility of that employee to refuse the request and ask that the call to work be delegated to another employee. The inability of an employee in this situation to accept a work assignment will not result in corrective action. Implications for C.R.O.R. Rule G and Rule G By Pass Agreement The requirements of this policy align with and supplement the requirements of Rule G and the Rule G By Pass agreement. CROR Rule G: The use of intoxicants or narcotics by employees subject to duty, or their possession or use while on duty, is prohibited. The use of mood altering agents by employees subject to duty, or their possession or use while on duty, is prohibited except as prescribed by a doctor. The use of drugs, mood altering agents or medications, including those prescribed by a doctor, which, in any way, will adversely affect their ability to work safely, by employees subject to duty, or on duty, is prohibited. Employees must know and understand the possible effects of drugs, medication or mood altering agents, including those prescribed by a doctor, which, in any way, will adversely affect their ability to work safely. Rule G By Pass Where employees are eligible for Rule G By Pass under the terms of the Union/Management Agreement on The Control of Drug and/or Alcohol Abuse, the employee will not be considered in violation of the Policy to Prevent Workplace Alcohol and Drug Problems or in violation of Rule G but will be subject to the terms of the Rule G By Pass Agreement (please refer to HR for the full terms of this agreement). By Pass agreement covers employees from UTU, TCRC, RTC, IBEW, BMWE Applies to employees subject to Rule G Applies where employees who are under the influence of alcohol or drugs on the job are reported by a co-worker or where they are reported by a supervisor before the start of their work shift. (CN Police are considered to be supervisors for the purposes of Rule G By Pass). Employees are eligible for only 1 Rule G By Pass in their career at CN. Under a Rule G By Pass, employees are required to comply with the evaluation and any subsequent recommendations. Guidelines 11

14 Medical Assessments of Fitness for Duty Employees who work in safety sensitive positions (including safety critical positions) are required to undergo medical assessments before placement in a safety sensitive position; on a periodic basic, as long as they work in a safety sensitive position; and, as medically indicated when they have a health condition that can affect the safety of operations. Part of the medical assessments of fitness for duty, employees will be assessed for substance use disorders as well as other medical conditions that can have an impact on safety. Assessments will be done according to good medical practices and will be managed by Medical Services When employees in a safety sensitive position are diagnosed as having a substance use disorder, they may be required to comply with a relapse prevention agreement in order to maintain fitness for duty in a safety sensitive position. This agreement is a confidential, therapeutic agreement between the employee and Medical Services who will monitor fitness for duty and compliance with the relapse prevention agreement. The exact terms of the relapse prevention agreement will be established by the medical professional monitoring fitness for duty based on good medical practices. Where the monitoring process has established that an employee does not comply with a relapse prevention agreement, management will be informed that the employee is not medically fit for work in a safety sensitive position because of non-compliance with this agreement. Return to work in the safety sensitive position would then be governed by the provisions of a Contract for Continuing Employment established between the Union and the Company, subject to meeting the requirements for fitness for duty. Guidelines 12

15 DEFINITIONS For the purposes of this policy, the following definitions will apply. Alcohol Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Beverage alcohol refers to wine, beer, distilled spirits and similar products. Company Canadian National and CN each refer to Canadian National Railway Company and its wholly owned subsidiaries. Company Business Refers to all business activities in pursuit of the corporate objectives undertaken by employees or contractors in the course of the company s operations, whether conducted on or off company premises. It includes all situations when an employee is representing the company, or when a contractor or contractor s employees provides services to the company. Company Premises Includes but is not restricted to, all land, property, structures, installations, facilities, vehicles and equipment owned, leased, operated or otherwise controlled by the company. Contractor Refers to any company or individual providing contracted services to CN or on behalf of CN and not on the company payroll. Drug Is any substance (illegal drugs, over-the-counter or prescribed 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 policy, drugs of particular concern are those that may inhibit an employee s ability to perform their job safely and meet performance expectations. An illegal drug is any drug or substance which is not legally obtainable and of which the use, sale, possession, purchase or transfer is restricted or prohibited by law (e.g. street drugs such as marijuana and cocaine). Employee Refers to the company s regular, part-time, and seasonal employees on the CN payroll, including students and temporary employees. Guidelines 13

16 Fitness for Work/Duty Means being able to safely perform assigned duties at a level which meets performance expectations without any limitations due to the use or after-effects of alcohol, illegal drugs or medications or other health conditions. On Duty For employees covered by the Rule G By-Pass Agreement, the definition of on duty will be as per that agreement. Other employees will be considered on-duty when they have reported for duty and are being compensated. Any employee being compensated for being on call will be considered to be on duty. Post Accident Employees involved in significant accidents or collisions where the cause may involve a rule violation and/or employee judgment will be required to undergo drug testing by urinalysis and breath alcohol testing as soon as possible after the accident. Note: Rail/highway crossing accidents and accidents entirely attributable to natural causes, vandalism or trespassing do not require post-accident testing for employees. For post accident drug and alcohol testing, call the CN Police Call Centre at Safety Sensitive Positions Safety-sensitive positions are those which the company determines have a key and direct role in rail operation where impaired performance could result in a significant incident affecting the health and safety of employees, customers, the public, property or the environment. This includes all employees who are in safety critical positions as designated by the Safety Critical Position Rule, as well as all employees who are required to rotate in safety sensitive positions or regularly relieve employees in these positions. This also includes supervisors and managers who perform the duties of safety sensitive or safety critical positions. Classification of positions as safety sensitive is given in the SAP-HR system (qualification). Supervisor means the individual in authority over a particular area or shift, including team leaders, managers and others in positions of authority. Tenant refers to any company or person, including employees and subcontractors, doing business or working on CN property under a lease, license, or contract agreement. Guidelines 14

17 SAFETY-SENSITIVE POSITIONS Safety-sensitive positions are those which the company determines have a key and direct role in rail operation where impaired performance could result in a significant incident affecting the health and safety of employees, customers, the public, property or the environment. This includes all employees who are in safety critical positions as designated by the Safety Critical Position Rule, as well as all employees who are required to rotate in safety sensitive positions or regularly relieve employees in these positions. This also includes supervisors and managers who may have to perform the same duties. Safety sensitive positions include all employees who operate on track railway equipment, including the operation of train, rail traffic control, high rails, work equipment or other on track equipment, as well as employees who operate lift equipment over 60 tons. The following and comparable occupations are deemed to be safety sensitive positions under this policy (note that this is not a complete list of job titles that would be considered safety sensitive please consult your HR Manager or SAP-HR system to determine if a specific job title is considered to be safety sensitive ). Transportation Department All engineers, brakemen, conductors, RTC, Yard Masters and all other positions designated as being safety critical under the Safety Critical Position Rule of the Railway Safety Act All supervisors and managers who are subject to CROR. Mechanical Department All employees who are required to operate on track equipment outside of yard limits, including all those assigned to road repair service All employees who operate lift equipment over 60 tons Engineering Department All employees covered by the following Collective Agreements between the Company and: Brotherhood of Maintenance of Way Employees covering: Work Equipment Department (Agreement 10.3) Track Department (Agreement 10.8) Bridge and Structures Department (Agreement 10.9) International Brotherhood of Electrical Workers (Agreement 11.1) (Except employees of the Electronic Repair Center in Winnipeg) Intermodal Department Heavy Equipment Operators Guidelines 15

18 ROLES AND RESPONSIBILITIES Every employee and contractor has a responsibility to ensure that CN remains a safe and healthy workplace free of the effects of alcohol and drugs. There are certain groups that have specific roles to help implement this policy. These are described below: The Employee Every employee has the right to expect a safe and healthy workplace. As such, every employee must report and remain fit for duty free of the negative effects of alcohol and drug use, and comply with the standards set out under this policy. Employees are required to: a. read and understand the policy and their responsibilities; b. cooperate with any medical assessment or recommendations made by a health care professional, including following monitoring or aftercare programs required after primary treatment for substance use disorders; c. manage potential impairment during working hours due to the legitimate use of medications by contacting their personal physician or pharmacist to determine if they can have a negative impact on performance; those in safety sensitive positions must investigate any concerns with their personal physician or pharmacist and report those concerns to CN s Medical Services who will assess the situation and advise the company of any requirement for medical restrictions or temporary reassignment; d. seek advice and follow appropriate treatment promptly if they suspect they have a substance dependency or emerging problem; e. report any loss of driving privileges to their supervisor if driving or the operation of on track equipment is required in the performance of their duties, and in addition, report any charges for an impaired driving offense which occurs at any time in a company vehicle; f. not transfer any work responsibilities, including control of a company facility (or part thereof), piece of machinery, motor vehicle or railway equipment, or supervision of a worksite, to a co-worker whom the employee reasonably suspects may be unsafe due to the negative effects of drugs or alcohol, and promptly report their concerns to their supervisor; g. abide by any additional fitness for duty policy provisions, including those governing alcohol and drug use in other operating jurisdictions; and h. cooperate with any investigation into a policy violation, including testing for drug or alcohol use. In addition to the above, when at work, employees are encouraged to look out for other employees, contractors, or visitors in terms of safety and take appropriate action, such as advising the appropriate person, to ensure that they do not remain in an unsafe condition on CN property. Any employee who has knowledge or suspicion of any breach of this policy is required to take the appropriate action to address the situation. Failure to do so may result in corrective action up to and including dismissal. Guidelines 16

19 The Supervisor & Manager of People At All Levels Supervisors are entitled to receive a full training program in order to apply this policy and: a. will monitor and measure the performance of those that report to them against established performance standards; b. will be responsible for identifying early on and handling all performance problems, including those which may be caused by alcohol or other drug use; if an individual s work performance has deteriorated to an unacceptable level, or their actions or condition can jeopardize their safety or that of others, then supervisors are ultimately responsible for taking appropriate action; c. will confront employees about performance problems and assess their ability to perform the job. Where they have objective grounds to believe performance problems may be health-related, they may refer the employee to the Employee and Family Assistance Program (EFAP) for confidential assistance, or to the employees physician for a medical assessment. If an employee refuses the referral, the performance management process will continue and health reasons cannot be cited by the employee as a contributing cause to the problem. Where a supervisors have concerns about the ability of an employee in a safety sensitive position to work safely because of a known or suspected health problem, they should refer the employee to CN Medical Services, documenting the reasons for concern. d. will refer an employee for an alcohol and drug test with a reasonable cause or after an accident, as and when required to do so under this policy; (the decision to refer will normally be made in conjunction with a second person a more senior manager, another supervisor, CN police, etc.); e. will monitor contractors and their employees to ensure compliance with this policy and take action as specified; f. will identify situations where an unannounced search for alcohol or drugs on company premises is justified, and will be responsible for contacting CN Police before initiating any such action; and g. will play a key role in the communication, implementation and monitoring of this policy. Any supervisor who has knowledge or suspicion of any breach of this policy must take the appropriate action to address the situation. Failure to do so may result in corrective action up to and including dismissal. For further information on appropriate action in case of a breach of this policy, contact the Human Resources Manager. Medical Services Medical Services, as delegates of CN s Chief Medical Officer,are charged with assessing fitness for duty. In situations where an employee is unsafe for regular duty, or requires a leave of absence for medical reasons, Medical Services will advise the supervisor: of the need for a leave or modified work, or the nature of medical restrictions when the employee is likely to be returning to work, and will confirm when the employee is fit to return to full duty. Guidelines 17

20 In addition to the above, Medical Services a. will establish the requirements for treatment, rehabilitation and monitoring programs for employees in safety sensitive positions who are diagnosed as having substance use disorders; b. monitor compliance with medically indicated relapse prevention agreements implemented for employees in safety sensitive positions who are diagnosed as having substance use disorders; c. administer the testing component of employment contracts established as terms of reinstatement or continuing employment; d. assess fitness for duty of employees who contact Medical Services because of concern over the use of medication; e. assess fitness for duty of employees in cases where supervisors have documented reasons for believing that a health condition of an employee in a safety sensitive position may be adversely affecting the safety of operations; and, f. act as administrator of the drug testing required for reasonable cause and post accident testing under this policy, including handling collection, lab analysis and reporting. EFAP Provider FGI is the professional counseling resource contracted by CN. Their counselors are located from coast to coast and are available by telephone 24 hours a day, seven days a week. For English, call ; for French, call While they are not directly involved with this policy, they are available to assist employees and their families who may be experiencing alcohol or drug problems. Employees and their immediate families may contact FGI at any time for free, confidential assistance with personal problems such as, but not limited to: family concerns, work concerns, substance abuse, financial issues, eldercare, etc. Medical Services may also refer employees to FGI as part of a rehabilitation program when appropriate. FGI staff at the numbers are also available to coach supervisors and co-workers on how to deal with concerns regarding co-workers and employees. The EFAP Peer Groups The EFAP Peer Groups are made up of concerned CN employees at locations throughout the company. Peers are expected to be familiar with this policy and to: support and motivate individuals seeking help for personal problems; act as advocates and promoters of the EFAP locally; act as a resource to employees, union leaders and supervisors, providing information on the EFAP process; and support co-workers in reintegrating into the workplace and remaining healthy. In addition, the Peer Groups raise local concerns with the EFAP Manager, which are addressed at that level or with the Senior Advisory Committee on the control of alcohol and drugs. Guidelines 18

21 CN Police When supervisors have reasonable grounds to believe that an employee in the care and control of a CN vehicle or equipment may be under the influence of alcohol or drugs, they must request that CN Police go to the scene to take appropriate action ( ). Where an employee is in the care or control of a motor vehicle or railway equipment, and CN Police are not able to respond within a reasonable time, CN Police will be responsible for contacting the local law enforcement agency. CN Police will also be involved in any situation where a supervisor believes there are grounds to conduct a search for the presence of alcohol or drugs in violation of this policy or the law (refer to searches in these guidelines). CN Police may also be available to assist supervisors in any situation under this policy. CN Police may be requested by a supervisor to act as technicians in administering breath alcohol test in cases of post accident testing or when there is reasonable cause to believe that an employee is under the influence of alcohol. You can contact CN Police through the CN Police Call Center at to arrange for drug testing 24/7 for cases with reasonable cause or after accidents. Guidelines 19

22 CONSEQUENCES OF A POLICY VIOLATION General Provisions If an employee violates the provisions of this policy or does not meet the company s satisfactory standards of work performance as a result of alcohol or other drug use, appropriate corrective action will be taken. In all situations, an investigation will be conducted and documented (in accordance with collective agreements, if applicable) to verify that a policy violation has occurred before corrective action is taken. As such, the supervisor has the authority and discretion to remove from assignment any employee whom the supervisor believes to be involved in an incident that could lead to disciplinary action pending the results of the investigation. Policy Violations Violations The appropriate corrective action in all cases depends on the nature of the violation and the circumstances surrounding the situation. Some violations are considered sufficiently serious that dismissal is warranted on a first occurrence. Examples include, but are not limited to, trafficking in or possession of illegal drugs or consumption of beverage alcohol or illegal drugs on company premises, while on company business or when driving a company vehicle or equipment. Any confirmed violation of this policy by an employee will result in progressive corrective action, with increasing severity depending on the seriousness of the violation up to possible dismissal. Drug and Alcohol testing For all employees, results of drug and alcohol testing will be taken into consideration as part of an investigation to verify whether a policy violation has occurred. Failure to submit to a test within the designated time frame, refusal to submit to a test or any attempt to tamper with a test sample is considered a policy violation. Continuing Employment or Reinstatement Following Policy Violation Depending on the circumstances, employees may be permitted to continue their employment with the company. Such employees will be advised of the conditions governing their continued employment, which may include, where appropriate, the following: Assessment by a substance abuse professional Completion of any recommended treatment and compliance with medically recommended relapse prevention programs after treatment. Abstinence from using any drugs or alcohol for at least 2 years Unannounced testing for a period of at least two years No further or policy violations during the monitoring period; and Maintenance of job performance according to expectations. Continuing employment in safety sensitive jobs will be subject to the requirements for medical fitness for duty for that position. Guidelines 20

23 Off-Duty Activities In addition to the above, CN will investigate any situation where off-the-job activities involving alcohol or drugs (e.g. impaired driving convictions, conviction for trafficking, bootlegging, etc.) may have implications for the workplace and will take appropriate action. Guidelines 21

24 ALCOHOL AND DRUG TESTING The following section details under what circumstances testing should be conducted and provides a general overview of the testing process. Should any supervisor or other company officer have a question with regard to testing or any other aspect of the policy, they should contact Human Resources or Medical Services. Alcohol and drug testing will be conducted in the following circumstances: Safety Other Sensitive Pre-employment Yes No Pre-assignment to safety sensitive No Yes As part of a fitness for duty assessment Yes No Reasonable cause Yes Yes Post accident Yes Yes Relapse prevention Yes No Agreement Under an employment Contract Yes Yes Employees operating into the United States are subject to testing after specific categories of accidents, and will be provided with procedures that they are expected to follow in the event they are involved in an incident when in the United States. For Canadian-based employees, for the purposes of this policy, a verified positive test result in the United States will be investigated as equivalent to a positive test result in Canada. PRE-EMPLOYMENT/ASSIGNMENT Individuals seeking assignment to a safety sensitive position (including safety critical position), either as current employees or new hires, must undergo a medical fitness for duty assessment that includes a drug test. (Note: this requirement does not apply to incumbents in safety sensitive positions.) TESTING AS PART OF A MEDICAL ASSESSMENT FOR SAFETY SENSITIVE POSITIONS Employees who work in safety sensitive positions (including safety critical positions) are required to undergo periodic assessments of fitness for duty. Where a medical assessment shows that a safety sensitive employee may have a medical condition that can affect the safety of operations, the Chief Medical Officer (or delegate in Medical Services) may require that a further assessment be done. The nature of the medical assessment will be determined by Medical Services, but may include biological testing, such as testing for drugs or alcohol as is medically indicated. Guidelines 22

25 Where an employee in a safety sensitive position is diagnosed as having a substance abuse disorder, but there is no policy violation, the Chief Medical Officer is responsible for evaluating and monitoring ongoing fitness for duty. Drug and alcohol testing or other biological monitoring may be required as part of this medical assessment and as part of a Relapse Prevention Agreement established to monitor on going fitness for duty. REASONABLE CAUSE Testing for drugs and alcohol will take place when the company determines there is reasonable cause to suspect alcohol or other drug use or possession in violation of this policy. The decision to test will be made by a supervisor in conjunction with a second person (e.g. another supervisor or other individual) wherever practicable. The decision will be based on specific, personal observations such as, but not limited to: Observed use or evidence of use of a substance (e.g. smell of alcohol) Erratic or atypical behavior of the employee Changes in the physical appearance of the employee Changes in behavior of the employee; and/or Changes in the speech patterns of the employee. Supervisors will receive training on reasonable cause testing and must document the reasons for requiring a test as soon as possible after the referral is made. The Reasonable Cause Report Form may be useful and can be obtained through their Manager, Human Resources or on the CN I/Net (under Occupational Health Services). In those situations where the supervisor believes that a CN employee is under the influence of alcohol or other drugs while driving a CN vehicle or operating equipment, this may be a Criminal Code offence, and the CN police should be contacted immediately at Either the CN police or local police should investigate the situation and undertake testing. Post Accident Post accident testing is done after any significant accident or incident where an experienced operating officer, upon consideration of the circumstances, determines that the cause may involve or is likely to involve a rule violation and/or employee judgement. For post accident drug and alcohol testing, call the CN Police Call Centre at Guidelines 23

26 RETURN TO DUTY AFTER A POLICY VIOLATION: Contract for Continuing Employment/Reinstatement If employment is continued, testing may be required as a condition of continued employment on return to duty after a positive test for alcohol or drugs or any other significant policy violation. Any employee dismissed after a policy violation, including those not in safety sensitive positions and those who are not diagnosed as having a substance use disorder, may be required to undergo drug and alcohol testing as terms of continuing employment or reinstatement. In these cases, testing will be conducted on an unannounced basis for at least two years and will be done according to the terms of the continuing employment or reinstatement contract agreed to by the Company and the union. The test dates will be determined on an unannounced basis through Medical Services. The site manager will be informed that an individual is required to report for a test, and arrangements will be made to complete the collection process as soon as possible after site management has been notified. The scheduling will remain unannounced to the employee until the collection can be arranged. Guidelines 24

27 TESTING PROCEDURES To arrange for a drug or alcohol test under this policy, 24 hours per day, 7 days per week, contact CN Police at Sample collection, testing and reporting of results are conducted according to standards established by the U.S. Department of Health and Human Services, and/or the Standards Council of Canada in order to ensure the accuracy and integrity of results. Appropriate sample collection, storage and chain-of-custody procedures are also followed. In addition: Employees who undergo a drug or alcohol test will be requested to sign a Chain of Custody form at the time of sample collection, authorizing the release of complete results to a designated company official in charge of the program. This release will also make it clear to the applicant that should the results of the test be positive or should he/she refuse the test, this will be considered a policy violation. This release of information forms part of the Lab and collection system which provides services on behalf of Medical Services. Except for the release of information in accordance with this policy, the law and in situations affecting the health and safety of workers and the public, results of all testing will be maintained by the designated company official and will be kept confidential. Testing will be conducted in those circumstances outlined under the policy (as previously noted). Tests will be conducted to determine the presence of cannabinoids, amphetamine/methamphetamine, cocaine, opiates, phencyclidine, and alcohol with the following exceptions: in a reasonable cause testing situation, the analysis may be expanded to include additional drugs. in a medically monitored relapse prevention program, the analysis may be for additional drugs as determined by the treating physician in conjunction with Medical Services The testing will cover alcohol and the specified drugs only; it will not include testing for other medical conditions or substances. Alcohol tests will be administered and confirmed by a calibrated breathalyzer wherever possible. Collection of urine specimens and administration of alcohol tests will be performed by trained nurses or trained collection agents at company-designated collection sites managed through Medical Services In any situation where there is the possibility of a Criminal Code violation, investigation will be conducted by CN Police, who will conduct or arrange for alcohol testing; Medical Services could arrange for sample collection for drug testing. Urine samples will be analyzed by a fully qualified and accredited laboratory contracted through Medical Services using a two-step process with initial screening by immunoassay and all confirmations being performed by gas chromatography/mass spectrometry (GC/MS). Confirmed positive test results will be reviewed by a qualified Medical Review Officer and the employee concerned will be given an opportunity to explain the finding before it is communicated to management through Medical Services. Guidelines 25

28 For the purpose of assessing violation of this policy, a positive alcohol test shows a /blood alcohol concentration of.04 BAC or more. A positive drug test shows the amount of drug in the sample identified by the confirmation test exceeds the cut-off levels established by the Standards Council of Canada and the U.S. Department of Health and Human Services. All positive results reported by the laboratory will be reviewed by the company s Medical Review Officer, who will ask the employee to determine if there is a legitimate medical reason for the finding. Only those results that are verified as positive by the MRO will be reported to the company through Medical Services as being positive. Company management will then take appropriate action in accordance with the policy. In the case of a verified positive test result of a test conducted in accordance with this policy, the employee may request that the same sample be re-tested by another accredited laboratory. In these situations, the employee must make this request within 72 hours of being notified of the results. In the case of a second confirmed positive test, the employee requesting the second analysis is responsible for the associated costs. In a reasonable cause situation, samples for drug testing will be taken as soon as possible, and within 36 hours of the decision that testing is required. Alcohol tests should be conducted within two hours of the event, but no later than eight hours. In cases where laboratory analysis shows that a test sample has been tampered with by the addition of an adulterant intended to falsify the analytical results, the test will be considered positive. In cases where the laboratory analysis shows that the sample was diluted, a sample collection will be repeated as soon as possible (if appropriate). In all cases of a positive alcohol or drug test done with reasonable cause or after an accident, supervisors will be responsible for fully investigating the circumstances and determining if any action is required. Supervisors must inform Medical Services of all tests done, whether the result is positive or negative. Guidelines 26

29 IMPAIRED DRIVING CHARGES OR CONVICTIONS It is prohibited to be on duty or to be in control of a CN vehicle anytime while under the influence of alcohol or drugs, including the after-effects of such use. All employees who drive a company vehicle, or drive on company business are required to maintain a valid driver s license. Any person required to maintain a valid driver s license must report the loss of the privilege to drive to their supervisor. For employees who require a valid driver s license in the performance of their duties or for employees who operate railway equipment, and who lose the privilege to drive off-duty, off CN premises and not in a CN vehicle, the following provisions will apply: Impaired Driving Charge Any employee in these circumstances who has been charged with an impaired driving offence or whose license has been suspended (including but not restricted to blowing over the legal BAC for driving in the jurisdiction where the charge occurred, driving while impaired, or refusal to blow into a breathalyzer) must inform a supervisor within one working day and must report to a company-designated medical centre within three working days of the date of the charge. A medical professional will undertake an assessment to determine if there is a need for a structured assistance program. If there is a need, the employee will be directed to a treatment and rehabilitation program through Medical Services. Medical Services will determine whether or not the individual will be allowed to drive or operate equipment on behalf of the company until the limitation is lifted. In cases where an employee is prohibited from doing their job pending assessment, they will be assigned alternative duties if available and appropriate. In those cases where employees fail to report the charge and the company becomes aware of the situation, they will be subject to corrective action up to and including dismissal. Impaired Driving Conviction Loss of a driver s license as a result of a conviction for an impaired driving offense or court order prohibiting the employee from operating a motor vehicle and/or railway equipment is grounds for corrective action. Each situation will be fully investigated, and the action taken will depend on the circumstances surrounding the conviction. A medical professional will undertake an assessment to determine if there is a need for treatment and whether the individual should continue to be allowed to drive a company vehicle. Employees may be accommodated in another position provided they have previously reported the charge, but such accommodation is not absolute or indefinite. If driving is required in the performance of an employee s duties, and the company determines that an alternative position is not available or appropriate, the company may dismiss the employee. Guideline 27

30 ESCORT PROCEDURES If an employee is deemed by a supervisor to be unsafe for work or otherwise in violation of the policy while in the workplace, he/she will be escorted from the workplace. Each employee will be given an opportunity to explain why he/she appears to be in a condition unsafe for normal duty. If the supervisor determines that the employee is fit for duty after the interview, the employee may return to the worksite. If there is a medical problem unrelated to a policy violation, the employee will be escorted to the nearest location for immediate medical attention. However, if the individual conducting the interview still believes the employee is in a condition unsafe for normal duty, and after consultation and agreement of a second person where possible, the following actions will be taken: the employee will be required to submit to an alcohol and drug test where there are reasonable grounds to believe alcohol or drug use may be a factor (see Testing); the employee will be provided with transportation to the his/her place of residence or the care of another person; or at supervisor discretion, any employee may be temporarily withdrawn from an assignment or reassigned pending medical determination of fitness for duty and/or completion of an investigation into a possible violation of this policy. Employees will not be allowed to return to their position without prior management consent after giving consideration to the job function performed, the safety of the work environment and any appropriate conditions governing return of the employee. Any visitor identified as unsafe will not be allowed on the site, or will be escorted from the site. SEARCHES CN reserves the right to conduct unannounced searches for alcohol or drugs on company owned or controlled premises, including mobile equipment or vehicles. Searches will be conducted where the company has reasonable grounds to believe these substances will be present in contravention of the law or this company policy. Supervisors will identify situations when a search may be warranted, (e.g., presence of drug paraphernalia, reported, visible or olfactory evidence of the presence of alcohol or drugs) and will contact CN Police for advice before taking any action. CN Police will assist in the conduct of searches, wherever possible, or will advise on the need for the involvement of appropriate law enforcement agencies. Supervisors will not conduct a search themselves before consultation with experts. Guideline 28

31 GUIDELINES ON HOSTING In the case of any company social event or hosting situation which could include company business activities, appropriate regard will be taken for the safety and well-being of the individuals present and the community. Alcohol use is not permitted under any circumstances on CN property except in limited circumstances, subject to prior approval by a Vice-President, and in accordance with the guidelines below. A specific exception to this policy would allow a contracted commercial vendor duly licensed in the jurisdiction to conduct business on CN property where alcohol is served (e.g. licensed food and beverage establishment). Alcohol is permitted at CN social functions off-site provided the basic policy standards are observed (e.g. fitness for work), that alcohol consumption is controlled so there is no inappropriate behavior at the function or impaired driving afterwards, and the guidelines are followed. Where there are concerns about safe driving after the function, alternative transportation arrangements will be made available. People attending such functions are to be reminded of their personal responsibility with regard to transportation. Consistent with the above, if alcohol is made available in the course of conducting business, employees are expected to use judgment and be responsible in hosting others. The following guidelines will assist in the management of a CN function: 1. Wherever possible, professional/trained servers will work at each event and/or will supervise the use of untrained servers. 2. Each event will have a designated chief host/hostess (e.g. facility manager, event convener) with responsibility for: obtaining appropriate permits; establishing the general tone of the event; acting as the sole contact with the servers during the function regarding opening and closing times, food and beverage arrangements, etc.; ensuring bars are attended at all times; ensuring alcohol is not served to individuals who appear to be intoxicated; taking steps to prevent abusive or unsafe behavior; taking steps to prevent an apparently intoxicated attendee from driving after the function; providing alternative transportation or accommodation where necessary (e.g. cab chits, designated drivers, or other alternatives); and contacting the police if an incident occurs or somebody disregards advice and attempts to drive in an intoxicated state. Guideline 29

32 3. In all circumstances, events will be managed in order to avoid the potential for accidents, including identifying and eliminating potentially harmful situations (e.g. closing access to a major stairway). 4. Responsible serving practices will include providing food and non-alcoholic drinks, including coffee and tea after the bar has closed, establishing a firm time to end the event, and stopping service of alcohol at least one hour prior to the event being over. 5. Any hosting situation that results in inappropriate behavior or risk to health and safety of attendees or the community will result in a review of these policies and active steps to ensure the problems do not occur again. Guideline 30

33 STANDARDS AND PROCEDURES FOR CONTRACTORS AND TENANTS CN Property/CN Work Because company concern for safety extends to the operations of contractors and tenants, CN encourages them to have a company alcohol and drug policy. A copy of CN s policy will be provided to all contractors and tenants who work on CN premises or conduct business on behalf of CN. The following provisions will apply to all contractors, tenants, licensees and their employees when on CN business or premises except as approved by a Senior Vice-President. This does not limit retail outlets and licensed business establishments from carrying out their normal operations. Policy Standards At a minimum, all contractors and tenants are expected to ensure that their representatives remain free from any adverse performance effects of alcohol or other drugs and conduct themselves in an appropriate manner while on company business or premises. They will be made aware of the applicable policy provisions by company management, and are expected to ensure that their employees or subcontractors respect the following standards when on company business or premises: no use, possession, distribution, offering or sale of illegal drugs or drug paraphernalia; no use, possession, distribution, offering or sale of alcohol; responsible use of prescribed and over-the-counter medications; no trafficking (distribution, offering or sale) of prescription medications; and report fit for duty and remain fit for duty. Policy Violation Procedures Where a CN employee has reasonable grounds to believe any individual employed by a contractor or tenant is on duty in an unfit condition, or where during the preliminary phase of an investigation, an individual has been identified as being directly involved in the chain of acts or omissions leading up to an accident or incident: the contractor and/or tenant will be notified; they will be required to conduct the individual(s) to a safe place; they will be expected to investigate the situation; they must satisfy CN that there was no policy breach; the individual will not be allowed to return to any position with CN without written permission of a CN official, and will be required to adhere to any conditions governing their return. Guideline 31

34 Department of Transportation Requirements In addition to the above, all contractors providing drivers for international operations as of July 1, 1996, are required to certify they are meeting and will continue to meet U.S. Federal Highway Administration requirements under CFR 49 Parts 382 and 40 as part of their contract. CN reserves the right to audit their program as to compliance at any time. In addition, CN management must be informed if a driver is no longer qualified to drive in cross-border operations. Consequences of Violation Failure of contractors or their employees to meet these standards will be considered a breach of the contract, and will, at CN s sole opinion, result in triggering penalty clauses under the contract, or suspension or termination of the contract. In the case of tenants and licensees, any violation would be in violation of their lease agreement, and will, at CN s sole opinion, trigger penalty clauses or the suspension or termination of the agreement. Any confirmed violation of this policy by a cross-border commercial motor vehicle driver will result in termination of their contract with CN. Guideline 32

35 APPENDIX A.1 The Role of the EFAP in the Policy CN recognizes that personal addiction and relationship problems are health problems and, if left untreated, can have a negative impact on the employee, his or her family, and ultimately on workplace productivity and safety. For this reason, CN has provided the Employee and Family Assistance Program as a free, confidential* and professional support to employees and their immediate families. The assessment, referral (if necessary), short-term counseling and follow-up services are provided by psychologists and clinical social workers through the EFAP Provider. The EFAP Provider may be involved in this policy in several ways: Self Referral Employees or family members (covered by other parts of the benefits plan) are encouraged to contact the EFAP Provider directly to seek assistance for personal problems. This is called self-referral and is always the preferred way to seek help; after all, it means the person with the problem has acknowledged it and is looking for help to make some changes. Formal Offer of Assistance Sometimes, because of the nature of addictive illnesses, an employee may deny that that he/she has one. In this case, if the illness has an impact on workplace productivity (i.e., increased absenteeism, frequent accidents, lateness, gradual changes in the employees appearance and/or behavior), the supervisor may meet with the employee, point out his/her concerns and make a formal offer of assistance to the employee. If there is no policy violation or threat to railway safety, the supervisor may make a referral to the EFAP Provider. The supervisor may also call the EFAP Provider for assistance or coaching on how to approach the employee. The EFAP System Manager may also be consulted in this matter. Providing the employee accepts the offer of assistance and calls the EFAP Provider, then the EFAP Provider may be involved in prescribing and monitoring a treatment program. Keep in mind that the employee s return to the worksite is always a supervisory decision. If the supervisor continues to have concerns or if there is no change in work patterns, management action must follow whether or not the employee has sought help. Referral to Medical Services for Fitness for Duty Assessment In cases where the supervisor believes that there is no policy violation and there might be a threat to safety if the employee were to report to work, then a referral must be made to Medical Services for a fitness for duty assessment. In such cases, the supervisor must receive a fit for duty assessment prior to returning the employee to the worksite. If Medical Services determines an employee is unfit for duty due to a substance use disorder, they will inform the employee of the steps to be taken in order to return to work. If appropriate, the employee may be referred to the EFAP provider to arrange a treatment program. This is the third instance in which the EFAP Provider may be involved in this policy. Appendix 33

36 Monitoring Recovery Another instance where the EFAP Provider may be involved in this policy is in monitoring recovery as part of a continuing employment contract following reinstatement. In this case, regular follow-up and counseling may be part of the relapse prevention program for addictive disorders. * Confidentiality: In cases where by law or professional ethics a counselor is required to disclose certain information, EFAP counselors are bound by the same codes of practice as other professionals. Examples of this are harm to self or others or child abuse. Where an EFAP counselor is aware of a possible substance use disorder with a CN employee who works in a safety critical or safety sensitive position, the EFAP counselor will, together with the employee, contact CN Medical Services so that a fitness for duty assessment can be arranged. Appendix 34

37 APPENDIX A.2 How CN s EFAP Works Non Safety-sensitive positions Employee or immediate family member has a problem Call EFAP Provider privately and explain situation (Intake counselor on phone is professionally trained) Intake counselor arranges appointment in employee s community (If urgent will arrange immediate intervention appointment; should never be longer than 5 working days) Employee attends appointment to assess problem Plan for addressing problem developed by employee and counselor together In case of a substance use disorder requiring treatment, the employee s personal physician completes an insurance application outlining the reason for illness. Treatment plan is implemented Safety Sensitive If employee is in a safety sensitive position, may have a substance use disorder, and there is no policy violation Call EFAP Provider privately and explain situation Intake counselor arranges appointment in employee s community Employee attends appointment to assess problem and counselor determines if there is a possible substance use problem. Referred to Medical Services for fitness for duty assessment If employee unfit, supervisor informed that employee is medically Unfit at this Time (no reason given) Medical Services determines treatment and relapse prevention requirements based on expert medical assessment, and informs employee of what is required to allow return to work in safety sensitive (or critical) position. When employee is fit, function is notified of return to work. Appendix 35

38 APPENDIX B Union/Management Agreement on the Control of Drug and/or Alcohol Abuse (Rule G By Pass Agreement) Under the Influence Employee is reported by co-worker during work, and is eligible for By-Pass Escort home * Meeting with Substance Abuse Professional (arranged by Medical Services) Medical assessment determines whether employee has a substance use disorder Supervisor/co-worker reports employee before employee has reported for duty and employee is eligible for By-Pass. Escort home Meeting with Substance Abuse Professional (arranged by Medical Services) Medical assessment determines whether employee has a substance use disorder If the medical assessment determines that the employee has a substance use disorder, treatment and relapse prevention will be indicated. If the medical assessment shows there is no substance use disorder, and it is determined that employee had poor judgment, the employee loses 48 hours pay. Should a second Rule G violation occur, he/she will be dismissed. In this case, the employee will be referred to a counseling session on impairment and safety. Appendix 36

39 APPENDIX C Employees are expected to manage potential impairment during working hours due to the legitimate use of medications. The following drug categories have been associated with performance impairment and are provided as a guideline to employees in assessing their own situation. The list is not exhaustive; there are numerous other over-the-counter and prescription drugs which when taken may have a negative impact on performance. For these reasons, employees are expected to consult with their personal physician or another health care professional to determine if the use of the medication will have any potential negative impact on job performance, and to take appropriate steps to manage any associated risk. Antihistamines are widely prescribed for hay fever and other allergies (e.g. Chlor-Tripolon, Dimetane). They are also found in many cold medications. Motion Sickness Drugs are used to prevent motion sickness and nausea (e.g. Gravol, Antivert). Barbiturates (e.g. Phenobarbital), Sedatives, Hypnotics and Tranquillizers (e.g. Valium, Benzodiazepine, Halcion, Librium), and Antidepressants (e.g. Elavil, Anafranil). Some of these ingredients are also found in medications taken for digestive and other disorders. Narcotic Analgesics (e.g. Demerol, Darvon, Codeine). Codeine is often found in combination drugs such as 222s, 282s, 282, 292s or Tylenol 1,2,3s. Stimulants Medication used for central nervous system stimulation and for appetite suppression can produce sensations of well-being which may have an adverse effect on judgment, mood and behavior (e.g. amphetamines or medications sold as diet pills ). Anticonvulsants are used to control epileptic seizures and can cause drowsiness in some patients (e.g. Dilantin). Cold Tablets/Cough mixtures (e.g. Sinutab, Contact, Triaminic, Tussionex and preparations containing dextromethorphan (DM) or codeine). Muscle Relaxants (e.g. Flexeril, Robaxisal). Anti-inflammatories (e.g. Indocid, Naprosyn, Ansaid, Voltaren). The use of mood-altering agents by employees subject to duty, or their possession or use while on duty, is prohibited except as prescribed by a doctor. The use of drugs, medication or mood-altering agents, including those prescribed by a doctor, which, in any way, will adversely affect their ability to work safely, by employees subject to duty, or on duty, is prohibited. Employees must know and understand the possible effects of drugs, medication or mood-altering agents, including those prescribed by a doctor, which in any way, will adversely affect their ability to work safely. Appendix 37

40 Questions and Answers How was the policy developed? Representatives from management, law, operations, safety, human resources, occupational health, and EFAP participated in the development of the company policy. All major unions were invited to participate and given the opportunity to provide their input. Experts in the field assisted the committee in understanding policy, medical and legal issues. What are other Canadian companies doing? An increasing number of companies in all sectors across Canada, including CN s customers, are currently establishing alcohol and drug policies in their workplaces. In addition, railroads across North America have recognized this as a safety and performance issue and have implemented policies. Although policies differ widely, many companies have taken a similar approach to CN by placing a strong emphasis on prevention through education, training and access to assistance. This is balanced with specific initiatives to deter employees from inappropriate use of alcohol or other drugs. Who will the policy cover? Employees at all levels of the organization will be covered by this policy, which applies while they are engaged in company business or working on company premises. Because consistency is a priority, the rules on alcohol or other drug use or possession apply equally to contractors and tenants. How will the company help employees under this policy? CN is committed to actively promoting a safe and healthy working environment free of the effects of alcohol and drugs. The company will provide prevention programs emphasizing awareness and education for all employees, supplemented by appropriate training for supervisors. The company places a priority on identifying problems before they have an impact of work performance, and ensuring employees have access to confidential assessment, counseling, treatment, and aftercare services. CN has contracted a professional external EFAP provider to offer employee assistance services that are available on a free and confidential basis to all employees and immediate family members. Does the policy include random testing? No. Random testing is mandatory in U.S. railroads and is starting to be used by some Canadian companies. Random testing involves selecting employees at random for testing, without any cause-related factors. CN s policy does not include random testing. How will this affect the Rule G By-Pass Agreement? There will be no change in the by-pass agreement. Appendix 38

41 Who manages the day-to-day application of the policy? Supervisors are ultimately responsible for performance management, and are essential to the success of the policy. They should be able to identify declining or unsatisfactory work behavior and performance and/or identify a problem at an early stage. Supervisors are expected to prevent a crisis by confronting the individual and encouraging them to deal with their problem. In addition, supervisors must be prepared to handle situations related to impairment on the job. What about employee rights? Employee rights are very important, which is why CN is making every reasonable effort to minimize the intrusiveness of their program, and to provide prevention, training, and assistance opportunities for employees that need help. There are legitimate employee concerns with respect to privacy, confidentiality and the need for accuracy in the testing process. Moreover, the company policy needs to be well communicated, as well as fairly and consistently enforced. Individual rights need to be balanced with consideration of the rights of others who expect and deserve workplace and public safety. While civil liberties such as privacy are especially valid, they are not absolute. For example, the use of metal detectors at airports and courthouses is universally accepted by the public as appropriate; anti-drinking and driving programs also have strong support. In that light, public safety, efficient performance, product integrity, and employee morale are legitimate interests that must be served. There is often too little said about the rights of employees who do not abuse drugs or alcohol, and who expect to work in a safe working environment. The approach that each company takes must recognize a meaningful and acceptable balance of all of these viewpoints. How does alcohol testing work? Employees required to undergo an alcohol test will be expected to provide a breath sample for analysis in an Evidential Breath Testing Device. Samples will be collected by a trained individual. The employee will receive a printed copy of the result, and another copy will be forwarded to the company. How does drug testing work? Urine samples are collected by trained collectors following stringent procedures. A form (called chain of custody) follows the sample through the process to document everyone who handled it, when, and why, to ensure there has been no possibility of tampering with or switching of specimens. The samples are analyzed by accredited laboratories meeting the highest standards of accuracy to determine if the drug is present. A small portion of the sample is first analyzed by an immunoassay technique to distinguish samples that are potentially positive for drugs from those that are negative. Those that show positive on the screen are then analyzed using another portion of the original sample by a technique ensuring a greater level of confidence. Only those samples that are positive for a drug after this second analytical procedure will be reported as positive to the Medical Review Officer. Appendix 39

42 How do I know that the test results are accurate? Accuracy of the testing process is assured by: the use of trained/qualified collectors; a certified laboratory that maintains its accreditation and is subject to ongoing unannounced blind sampling (a process to ensure the lab maintains its accuracy); a chain of custody document that follows the sample through the collection and testing process; and, an experienced Medical Review Officer who reviews and confirms all positive results. Can passive inhalation of marijuana smoke lead to a positive test, even if the employee did not smoke marijuana? People will often claim that inadvertent exposure to marijuana smoke is the reason for their positive test result. Passive inhalation can result in detectable levels of THC metabolites (the primary pharmacological component of marijuana) in urine. However, clinical studies have found it is highly unlikely that a non-smoking individual could inhale sufficient smoke by passive inhalation and exceed the drug concentration cut-off level. The matter would be discussed with the Medical Review Officer before a positive result is reported. The Medical Review Officer will report a positive drug test to the company Medical Services only if there is no medically accepted justification for the positive result. Is drug testing legal? There are no Canadian laws which make testing mandatory or which prohibit it. When done in the right circumstances, and in the right way, arbitrators, tribunals, and courts have upheld testing, including CN s policy. Appendix 40

43