This document discusses employer responsibilities and policies regarding substance abuse issues in the workplace. It covers safety obligations, the duty to accommodate disabilities, and balancing employee privacy rights. It also outlines signs of substance abuse, the range of use from recreational to dependence, and tolerance. Further, it describes workplace responses including assisting employees who self-disclose issues through EAP counseling or mandatory assessments for those who breach policies. The SAP process involves assessment, treatment referral, monitoring, and reporting to employers.

1. Presented By:
Ali Liénaux, Marie Longré,
Vice-President of Clinical Operations SAP Program
Administrator
Identification and Accommodation of Employees with
Substance Abuse Issues
Substance Abuse in theSubstance Abuse in the
WorkplaceWorkplace

2. Presentation Overview
1. Employer Responsibilities
2. Alcohol and Drug Policies: An
Employer’s Tool
3. Psychoactive Substances:
Overview and Signs and
Symptoms
4. Workplace Responses: SAP
vs. EAP Assistance

3. SECTION 1:SECTION 1:
Employer Responsibilities

4. Employer Responsibilities
Accommodation
Privacy Safety

5. Employer Responsibilities
1. Safety
Bill C-45: An Amendment to the
Criminal Code of Canada
(2003)
217.1 Everyone who undertakes, or has
the authority, to direct how another person
does work or performs a task is under a
legal duty to take reasonable steps to
prevent bodily harm to that person, or any
other person, arising from that work or
task.
Criminal Code, R.S.C. 1985, c. C-46

6. Employer Responsibilities
1. Safety (cont’d)
 Employer Civil Liability
 Vicarious liability for incidents at
work caused by employee use of
drugs and/or alcohol
– Hoefling v. The Driving Force Inc., 2006
ABQB 30
– R. v Dofasco Inc. (2007 ONCA 769
(Ontario Court of Appeal, 2008)

7. Employer Responsibilities
2. Duty to Accommodate
All individuals should have an opportunity
… to have their needs
accommodated , consistent with their
duties and obligations…without being
hindered in or prevented from doing so by
discriminatory practices based on race,
national or ethnic origin, colour, religion,
age, sex, sexual orientation, marital status,
family status, disability or conviction for
an offence for which a pardon has been
granted.
Canadian Human Rights Act, R.S.C.1985, c. H-6, s. 2, Purpose of
the Act.

8. Employer Responsibilities
2. Accommodation (cont’d)
 Employers are required to
accommodate disabilities if they
know about them
 Addictions often hidden due to
employee denial
 What is “Reasonable
Accommodation?”

9. Employer Responsibilities
3. Privacy
 Employer must:
– Ensure the workplace is safe
– Accommodate disabled
employees
WHILEWHILE
– Balancing employees’ rights to
privacy

10. Employer Responsibilities
3. Privacy (cont’d)
Discrimination
Bona Fide Occupational
Requirement (BFOR)
Determining “present”
impairment
Drug Testing: A “Justifiable”Drug Testing: A “Justifiable”
Breach of Employees’ Right toBreach of Employees’ Right to
Privacy?Privacy?

11. SECTION 2:SECTION 2:
Alcohol and Drug Policies: An Employer’s
Tool

12. Alcohol and Drug Policies: An
Employer’s Tool
 An effective Alcohol and Drug
(A & D) Policy is:
– Tailored to the specific needs of a
company
– A “reasonable” and “responsible”
response to a company’s needs
Butler, B. (2008, May 26). Reality Check on Alcohol and Drug
Policies and Testing Programs: The Canadian Situation.
Presentation at the Insight Conference, “The Critical State of
Workplace Alcohol and Drug Testing,” Toronto.

13. Alcohol and Drug Policies: An
Employer’s Tool (cont’d)
 An effective A & D Policy
strikes a balance between:
– Controlling/deterring use
(standards, investigation tools,
consequences of breach)
ANDAND
– Preventing misuse (education,
training, EAP)
Butler, B. (2008, May 26). See above reference.

14. Alcohol and Drug Policies: An
Employer’s Tool (cont’d)
 Influence of a well-developed A
& D Policy:
– Deterrence
– Encourages self-help
– Demonstrates that Employer is
proactive

15. SECTION 3:SECTION 3:
Psychoactive Substances: Overview and Signs
and Symptoms

16. Range of Substance Use
 Recreational Use – casual, non-
problematic
 Substance Abuse – moderately
problematic, may have mild
cravings/withdrawal symptoms, may
impact on work/relationships
 Substance Dependence – very
problematic, likely to impact
work/relationships,
physical/psychological
problems/withdrawal symptoms

17. Drug Tolerance
 Takes more of that substance to
produce the same effect
 Due to the body’s healthy desire for
balance, attempts to counteract the
effects of the drug
 Almost all psychoactive substances
taken regularly over a period of time
lead to tolerance
 Significantly increases the risk of
drug overdose

18. Recognizing Signs and Symptoms
 Absenteeism/lateness
 Frequent breaks
 Mood swings
 Alcohol on breath
 Irritability
 Memory loss/lapse
 Borrowing money

19. Physical Signs of Substance
Abuse
 Slowed, staggering walk, poor
coordination
 Red, watery eyes, pupils smaller
or larger than usual, blank stare
 Puffy face, blushing or paleness
 Cold, sweaty palms

20. Physical Signs of Substance
Abuse (cont’d)
 Tremors or shakes of hands,
feet, head
 Extreme hyperactivity, unusual
talkativeness
 Needle marks on arms, legs,
feet

21. Emotional Experience of Substance
Abuser
 Denial of problem
 Anger at self and others
 Mistrust of others
 Controlling
 Low self esteem
 Avoidance of feelings
 Isolation

22. Enabling: Help or Harm?
 Rescuing behaviour that allows
substance abuser to maintain his/her
way of life
 Enabler takes responsibility, blame
or makes accommodations for
substance abuser
 Becomes pattern for family, friends,
co-workers, management

23. We Need to Deal with Substance
Abuse @ Work
 Increase of employee suffering
which is hidden
 Social cost of inactivity are
staggering
 Increase of cost to organizations
– health care, WSIB claims, lost
productivity
– impact on corporate culture is enormous
 It is our job!

24. SECTION 4:SECTION 4:
Workplace Responses: SAP vs. EAP
Assistance

25. Workplace Responses
 Employees may request
assistance (i.e. self-disclosure)
– Best case scenario
– Respond supportively according to
A & D Policy

26. Workplace Responses (cont’d)
 Employees may be hiding the
problem
– More difficult situation
– Engage in non-accusing conversation
– Respond supportively according to A
& D Policy in the following situations
Positive drug/alcohol test
With training, can act using “Reasonable
Cause”
– Disciplinary action

27. Substance Abuse Professionals
(SAPs)
 Regulated term under 49 CFR Part
40 of US DOT and specifies the
following:
– Professional qualifications
– Addictions experience
– Training and rigorous exam
– Monitored continuing education
– Subject to DOT audits
 SAP is not a regulated term in
Canada

28. Substance Abuse Professionals
(cont’d)
 Use of a DOT SAP ensures:
– Properly credentialed
– Addictions experience
– Understands workplace concerns
– Background in the community
– Understands appropriate reporting
constraints
– Makes appropriate relapse
prevention recommendations

29. EAP Counselling
 Voluntary
 Confidential
 Designed for employees with
self-disclosed issues
 No need for diagnostic tools

30. SAP Assessment and Reporting
 Mandatory
 Not confidential – reports provided to
the Employer
 Designed for employees who have
breached A & D Policy or US DOT
Regulation
 Requires objective diagnostic tools

31. SAP Assessments and Reporting
(cont’d)
 Reports and
Assessments
should:
– Balance the
organizations legal
requirement and
right to privacy
– Understand current
federal and
provincial legal and
human rights
rulings

32. SAP Process
1. Organization determines level of
reporting
2. SAP conducts a thorough
professional assessment
3. SAP determines type of treatment
OR education needed
4. SAP refers employee to the
community resource best matching
needs
5. SAP provides organization’s
representative with initial report

33. SAP Process (cont’d)
6. SAP tracks progress of employee
through treatment or education
7. SAP provides company representative
with updates and notifies rep if employee
fails to comply
8. SAP conducts post-treatment (education)
follow-up assessment to determine level
of employee compliance
9. SAP provides company representative
with follow-up report, which includes
relapse-prevention recommendations

34. Company Representative’s Options
 IWS strongly suggests that the employer
follow the SAP’s recommendations
 However, the employer is not obligated to
accept the SAP’s counsel regarding follow-
up requirements or additional support
programs

35. Company Representative’s Options
(cont’d)
 Organization can use SAP’s
recommendations solely to advise its
decisions regarding employee’s follow-up
(including Last Chance Agreement) should
employment continue

36. The accommodation and
successful reintegration of
an employee struggling with
substance abuse is a life
saving task.
Thank You!Thank You!