Home|Webinars|Substance Use and the Workplace

Substance Use and the Workplace: Staying up to date on testing, accommodation, return-to-work conditions, and discharge

Thursday, August 19, 2021, 12:30 pm - 2:00 pm EDT



Register Now

Moderators


Colin Johnston

Arbitrator/Mediator


Issues

While substance use is a perennial concern for workplace parties, use of alcohol, cannabis, prescription medications, and illicit substances has increased significantly during the pandemic, as Canadians cope with mental health challenges and social isolation. In this webinar, experienced advocates will discuss recent cases on drug and alcohol testing, fitness-for-duty assessments, suitable accommodations, and disciplinary sanctions, addressing such issues as the following:

  • Without other evidence, does the fact that a worker smells of alcohol or cannabis provide sufficient grounds to administer a reasonable cause test? If not, what else is required to justify such a test?
  • 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? When will post-incident testing be justified as a "reasonable line of inquiry" in an investigation?
  • 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 in order 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?
  • What are some recent examples of treatment or monitoring mechanisms that have been found to be excessively intrusive or violations of privacy rights?
  • 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 the appropriate disciplinary penalty for violations of workplace drug and alcohol policies? When will an employer be justified in disciplining or dismissing an employee or refusing to allow an employee to return to the workplace?

Accreditation


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 Resources Professionals Association.


Lancaster House CPD
  • Members of the Law Society of Ontario may count 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.
  • This program has been approved by the Law Society of British Columbia may count this program for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the CPHR Alberta for 1.5 Continuing Professional Development Hours.
  • This program has been approved by CPHR BC and YK for 1.5 Continuing Professional Development Hours.

Additional CPD information coming soon.

Additional Information

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

REGISTRATION FEE
Live webinar, video, and MP3 bundle – $430
Live webinar – $265
Video and MP3 – $265
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.

AUDIO FILES
Webinar video and MP3 files are available for $265. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

REGISTRATION INFORMATION
When you register for the live webinar, you will be automatically registered for the Zoom session. One to two days before the live webinar, you will receive an e-mail containing the Zoom link to access the session. For additional program and registration information, please call Lancaster House at (416) 977-6618.

Register Now