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Program

Drug and alcohol testing can be key to workplace safety, but raises challenges of balancing safety and privacy rights. This webinar will explore justification for drug and alcohol testing, accommodation processes, reasonable cause testing, and post-incident testing. Specifically, the following questions will be addressed:

  • When can employers request that an employee submit to reasonable cause or post-incident testing?
  • When is pre-placement, pre-access, and random testing justified? Does this analysis differ for safety-sensitive positions?
  • What are recent examples of alcohol and drug testing or monitoring mechanisms that are deemed a) minimally intrusive and justified or b) excessively intrusive and in violation of privacy rights?
  • What privacy rules must employers adhere to when requesting drug and alcohol tests or utilizing monitoring mechanisms?
  • Can an employer require that employees undertake treatment for alcohol or substance use disorder as part of an accommodation process? Can an employer designate a specific treatment program even if an employee provides an alternative treatment option? Can an employer enforce monitoring mechanisms?
  • Can employers impose discipline for alcohol or substance use without inquiring about an employee’s disability? What if an employee does not disclose a disability requiring accommodation? What is the role of the union in this process?

Moderator

David Jewitt

Principal
Jewitt Arbitration & Mediation Services Inc.

Speakers

James Green

Employer Counsel
Cox and Palmer

Rebecca Kantwerg

Union Counsel
Victory Square Law LLP

Accreditation

CPD Alberta
This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.
CPD BC and Yukon
This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.

CPD Alberta

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

CPD

  • This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.
  • Members of the Nova Scotia Barristers’ Society may count this program for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
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