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Substance Use Disorders: Recognition and accommodation in the era of legalized cannabis

Thursday, April 25, 2019, 12:30 pm - 2:00 pm EDT



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Moderators


Madeleine Loewenberg

Employment Counsel
Loewenberg Psarris Workplace Law
David Yazbeck

Union Counsel
Raven, Cameron, Ballantyne & Yazbeck

Speakers


Megan Reid

Union Counsel
Dewart Gleason
Jamie Jurczak

Employer Counsel
Taylor McCaffrey
Dr. David Martell

Family and Addiction Medicine Physician


Issues

The legalization of recreational cannabis use has prompted employers across Canada to review the way they deal with substance use that affects – or may affect – the workplace. However, a recent report from the Canadian Centre on Substance Abuse notes that, while almost all workplace substance use policies appear to incorporate disciplinary responses, many fail to provide for appropriate support and accommodation of employees. In this session, an expert on substance use disorders will join experienced labour lawyers to provide guidance on developing accommodations and accommodation procedures that comply with human rights legislation, respect employee privacy, promote workplace safety, and provide employees with the support they need.

  • What is the difference between recreational drug or alcohol use and problematic use that constitutes a disorder? When does medical use of a substance – opioids, for example – become a substance use disorder?
  • Do people become "addicted" to cannabis in the same way they become addicted to alcohol and other drugs? Is there any medical consensus on safe cannabis use? For example, are there guidelines for cannabis use similar to Canada's Low-Risk Alcohol Drinking Guidelines?
  • Following the Supreme Court of Canada's decision in Elk Valley, can workplace policies place the onus on employees to disclose all drug and/or alcohol use? Does having a policy mandating the disclosure of substance use disorders relieve the employer of the duty to inquire found in human rights law?
  • What is the appropriate response to an employee who discloses a substance use disorder but who has not shown signs of being impaired or having difficulty at work?
  • What job performance and workplace behaviours may be warning signs of a substance use disorder? What are some best practices for approaching an employee who exhibits signs of having a substance use disorder?
  • What should be done if the employee denies having a problem, even though other signs point to possible dependency? Is denial an inherent part of a substance use disorder?
  • If an employer suspects that an employee has a substance use disorder, can the employer require the employee to provide medical evidence that he or she is fit for work? If so, what type of evidence would be appropriate?
  • In general, what is the scope of the duty to accommodate an employee with a substance use disorder and what are the best practices in providing accommodation that meets or exceeds the legal standard? Should an employer require an employee to engage in treatment for a substance use disorder as part of the accommodation process? Can the employer specify the type of treatment?
  • In cases of drug- or alcohol-related misconduct, what is the difference between the "disciplinary" model, the "therapeutic" model, and the "hybrid" model? Has Elk Valley altered the manner of assessing whether workplace misconduct is causally connected to a disability?
  • Are last chance agreements enforceable if the employee in question has a substance use disorder? What are the alternatives to a last chance agreement?

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.

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