This book is a practical guide to alcohol and drug policies, their development, implementation and enforcement. It is an essential resource for Canadian employers and their advisers who are faced with the increasingly complex problem of workplace substance use and abuse.
Alcohol and Drugs in the Canadian Workplace canvases the relevant health and safety legislation, human rights and labour and employment law that must be considered when formulating defensible policies. With materials dealing with the contentious issue of the disparity in workplace drug/alcohol testing in the US and in Canada and the potential problems for companies who have cross border operations, this guide is unmatched in the Canadian marketplace.
Features
- Useful tips on last chance agreements for problem employees.
- List of alcohol and drug testing policies of Canadian human rights commissions.
- Analysis of the latest case law.
- Overview of the effects of alcohol and drugs on workers.
- Detailed discussions of the obligations and limitations imposed by human rights legislation.
- Sample alcohol and drug policy.
- Appendix on oral fluid testing technology.
Comprehensive Strategies and Practical Advice
- How to implement legally sound policies for curbing substance abuse in the workplace based on recent case law
- How to create and implement a supportable policy along with a sample already in use in the construction industry in Alberta
A Vital Tool For Human resources managers of Canadian companies and human resources managers of US companies that have Canadian operations In-house counsel with Canadian companies and in-house counsel with US companies that have Canadian operations Unions and union representatives Canadian and American lawyers interested in alcohol and drug policies and alcohol and drug testing
Chapter 1: Introduction to Alcohol and Drugs in the Canadian Workplace
Chapter 2: The Effects of Alcohol and Drugs on Workers
Chapter 3: Overview of Workplace Legal Issues
Chapter 4: Occupational Health & Safety Law and Substance Abuse
Chapter 5: Human Rights Legislation and the Duty to Accommodate
Chapter 6: Entrop v. Imperial Oil Limited: Fact and Fiction
Chapter 7: The TD Bank case and the Post Entrop Human Rights Jurisprudence
Chapter 8: The Arbitral Jurisprudence on Alcohol and Drug Policies
Chapter 9: U.S. Legislation, Regulations, and Cross Border Issues
Chapter 10: Development of an Alcohol and Drug Policy and Program
Chapter 11: Implementing and Enforcing an Alcohol and Drug Policy
Chapter 12: Case for Legal Reform in Canada
Norm Keith, B.A., LL.B., CRSP and Ailsa J. Wiggins, B.A., LL.B., LL.M.
Norm Keith, B.A., LL.B., CRSP, is a partner in the Toronto office of Gowlings, a member of the National Employment and Labour Practice Group and head of the firm's National Occupational Health and Safety Practice Group which is made up of lawyers and OHS consultants specializing in occupational health and safety law and workers' compensation. Norm has successfully defended more than 1,000 charges under the Occupational Health and Safety Act, related statutes and regulations. He also advises on matters including privacy law, labour and employment law, human rights, judicial reviews, and fiduciary duty lawsuits. Mr. Keith is an accomplished speaker and author of a number of leading texts including Workplace Health & Safety Crimes (LexisNexis Canada, 2004).
Ailsa Wiggins, B.A., LL.B., LL.M., is Special Counsel in the Toronto office of Gowlings where she is a member of the National Employment and Labour Practice Group. Ailsa was counsel with the law department of Imperial Oil Limited in Toronto for nearly 25 years. She was responsible for the employment law issues facing Imperial, including its groundbreaking alcohol and drug testing policy. Ailsa has written and spoken extensively on the topic of alcohol and drug policies. She is an executive member of the Labour Relations Section of the Ontario Bar Association. At Gowlings she provides advice in all aspects of employment law including the drafting and interpretation of alcohol and drug policies, other employment policies, contracts of employment, consulting agreements, termination agreements and employment benefit plans. She also provides advice on wrongful dismissal, employment standards, human rights and harassment, and training in the form of in-house seminars to human resources professionals and business people on a wide range of employment topics.
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