Use of alcohol, cannabis, and illicit substances has increased significantly as Canadians cope with mental health challenges and social isolation. In this virtual workshop, experts will discuss recent cases on drug and alcohol testing, fitness-for-duty assessments, suitable accommodations, and disciplinary sanctions, addressing:

• What constitutes reasonable cause to justify alcohol and drug testing? Can the mere fact that a worker smells of cannabis or alcohol justify administering a reasonable cause test?
• What are some recent examples of treatment or monitoring mechanisms that have been found to be violations of privacy rights or excessively intrusive?
• What do recent decisions tell us about the circumstances required to justify post-incident testing? What qualifies as a “significant” incident that would be sufficiently serious to warrant an invasive drug or alcohol test? How does this analysis apply in the case of a near-miss incident?
• What must an employer demonstrate aside from the risk of residual impairment in order to establish that accommodation in a safety-sensitive position or workplace would constitute undue hardship?
• Do recent cases provide guidance on how to conduct an individualized assessment to determine whether an employee is fit for duty?
• To what extent will an employer be required to accommodate an employee who fails to disclose or denies having an issue with substance use?
• Where do recent cases draw the line on accommodating relapses, ruling that any further obligation to tolerate relapses would amount to undue hardship?
• On what grounds have arbitrators recently overturned last-chance agreements, ruling that a violation of their terms is not sufficient to establish undue hardship?
• What factors do adjudicators consider when determining appropriate disciplinary penalties for violations of workplace drug and alcohol policies?