Alcohol and Drugs in the Canadian Workplace - An Employer's Guide to the Law, Prevention, and Management of Substance Abuse

Publisher: LexisNexis Canada
Format::  Softcover Book, 2
ISBN:: 9780433457367


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.


Comprehensive Strategies and Practical Advice

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

Table of Contents

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., J.D., LL.M., CRSP and Ailsa J. Wiggins, B.A., LL.B., LL.M.

Norm Keith B.A., J.D., LL.M., CRSP, is a partner in the Toronto office of Fasken Martineau DuMoulin LLP and specializes in regulatory offences, corporate and "white collar" crime, occupational health and safety, environmental, workers' compensation, labour and employment, workplace risk management litigation and related advisory services. Mr. Keith has extensive experience in drafting workplace risk management policies, procedures and programs, EHS management systems and employment contracts. Mr. Keith is an accomplished trial lawyer and recognized as a leader in his field. During his career, he has successfully defended more than 1,000 regulatory and criminal charges for organizations, officers & directors, and individuals. He has also represented employers at administrative tribunals, coroner's inquests, and all levels of courts up to and including the Supreme Court of Canada. The focus of his Masters of Law at Osgoode Hall Law School, completed in 2010, was corporate accountability and white collar crime. For more information on Mr. Keith, please visit his firm profile at http://www.fasken.com/en/norm-keith.

A member of the Law Society of Upper Canada, Canadian Bar Association, Human Resources Professional Association of Ontario, Association of Canadian Registered Safety Professionals, Canadian Society of Safety Engineering, and the American Society of Safety Engineering, Mr. Keith has authored leading texts including Canadian Health & Safety Law, Canadian Emergency Management and Response Manual, Alcohol and Drugs in the Canadian Workplace, Ontario Health & Safety Law, Creating an Effective Joint Health and Safety Committee, Human Resources Guide to Preventing Workplace Violence and Practical Guide to Health and Safety and Workers' Compensation in Alberta. Called to the Bar in 1983, Mr. Keith was the first practising lawyer in Canada to receive his Canadian Registered Safety Professional designation in 1998.

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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