Home|Audio Conferences|Testing, Testing, 1, 2, 3

Testing, Testing, 1, 2, 3: An update on post-incident, reasonable cause, and random drug and alcohol testing

Thursday, March 7, 2019, 12:30 pm - 2:00 pm EST



Register Now

Moderators


Mihad Fahmy

Union Counsel

Keith Burkhardt

Employer Counsel
Sherrard Kuzz

Speakers


Daniel Leger

Union Counsel
Pink Larkin
April Kosten

Employer Counsel
Dentons

Issues

The legalization of recreational cannabis has brought new attention to the dangers of workplace impairment, and with it a greater interest in workplace drug and alcohol testing. This increased interest has resulted in significant (and sometimes conflicting) caselaw that attempts to balance the privacy rights of employees with the goal of reducing safety risks in the workplace.

In this session, an experienced arbitrator and seasoned counsel will review the latest developments in workplace drug and alcohol testing, addressing issues such as:

  • Safety-sensitive positions: How have adjudicators and courts defined safety-sensitive positions? Why is such a finding significant? What methods of testing are available to screen for alcohol or drugs in the workplace? Does a positive test establish that a worker is currently impaired? Can an employer treat a refusal to submit to testing as being equivalent to a positive test?
  • Pre-employment: Does the balancing of interests approach set by the Supreme Court of Canada in Irving Pulp & Paper also apply to pre-employment testing? Is evidence of a substance abuse problem in the workplace required in order to justify pre-employment drug and alcohol testing of job candidates? Does the answer vary depending on jurisdiction?
  • Post-incident: What criteria do adjudicators apply to determine whether post-incident testing is justified? Does there need to be evidence of impairment before such a test will be justified? Will the seriousness of the incident or severity of damage factor into this assessment? Does the employer need to conduct an investigation after the incident in order to justify testing? Is an employer required to provide the employee with an opportunity to explain how the incident occurred before requiring a test? Following the Supreme Court of Canada's ruling in Elk Valley, how, if at all, will an employee's post-incident disclosure of a substance use disorder impact on the analysis?
  • Reasonable cause: What must an employer demonstrate in order to justify reasonable cause testing? In circumstances where there are clear signs of impairment but the cause is not known, would it be reasonable to test for both drugs and alcohol? Does the smell of alcohol or cannabis alone provide reasonable cause, or are additional symptoms required? If a worker is exhibiting signs of impairment from alcohol (i.e. smelling of alcohol) can an employer validly administer a drug test as well?
  • Random screening: What conditions must an employer satisfy in order to implement a random drug or alcohol testing policy? What type of evidence is required to demonstrate a general problem with drugs, alcohol, and safety in the workplace? Does the evidence have to relate to the bargaining unit in particular or can it relate to the workplace in general? What evidence should unions bring forward to establish that random testing is not needed?

Accreditation

CPHR Alberta

CPD hours for this event can be logged online, through your CPHR Alberta member profile.


HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.


HRMA Continuing Professional Development

This event has been approved by CPHR BC & Yukon for recertification credits under the CPHR Recertification Log. Be sure to note the Event Identification Number in your recertification log.


Lancaster House CPD
  • CPD for Members of the Law Society of Ontario: 1.5 Substantive Hours; 0 Professionalism Hours.
  • This audio conference has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers Society may count this program for 1.5 Continuing Professional Development hours.
  • This audio conference has been approved by the Law Society of New Brunswick for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Saskatchewan should contact their Law Society regarding CPD approval.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

REGISTRATION FEE
Live Session – $260, plus HST
Live Session for 2 or more (Boardroom fee) – $520, plus HST
Bundle Rate – Purchase a Live Session and receive the companion MP3 Recording for $160, plus HST
MP3 Recording – $260, plus HST
(Registrations must be paid in advance of the audio conference)
Contact us for discount pricing on the entire series.

AUDIO FILES
Audio conference MP3 files are available for $260. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $160.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

REGISTRATION INFORMATION
When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at (416) 977-6618.

Register Now