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Speakers

Norm Keith

Partner, Employment & Labour Law, KPMG Law LLP
KPMG in Canada

Kelly VanBuskirk

Partner
Lawson Creamer Lawyers

Dan Demers

Director of Business Development
CannAmm Occupational Testing Services

Tuesday, October 8, 2024

Half-Day Virtual Workshop

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?

CPD

CPD Alberta
This program has been approved by CPHR Alberta for 3.1 Continuing Professional Development hours per session.
CPD Alberta
This program has been approved for Continuing Professional Development 3.1 hours per session under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
CPHR Nova Scotia
This program has been approved by CPHR Nova Scotia for 3.1 Continuing Professional Development hours per session.

CPD

  • This program has been approved by the Law Society of British Colombia for 3.1 Continuing Professional Development hours.
  • Members of the Law Society of New Brunswick may consider this program for 3.1 Continuing Professional Development hours.
  • CPD for Members of the Law Society of Ontario: 3.1 Substantive Hours; 0 Professionalism Hours, per session.
  • Members of the Nova Scotia Barristers’ Society may count this program for 3.1 Continuing Professional Development hours, per session.
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