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Mar 21, 2024 · Encourage employees to feel at ease seeking help from supervisors or HR professionals, emphasizing a non-judgmental and supportive approach. 2. Develop Clear and Comprehensive Policies. Establish explicit and well-communicated policies concerning substance abuse and addiction within the workplace.
May 10, 2024 · psychological or stress-related effects due to substance use by a family member, friend or co-worker that affects another person's job performance. Note that substance use is often thought of as an addiction or dependence, but use can be anywhere on the spectrum or scale from recreational to frequent to problematic.
- Introduction
- The Duty to Accommodate
- Five Steps to Accommodating Substance Dependence
- How Far Does Accommodation For Substance Dependence Have to Go?
- Key Considerations Regarding Drug and Alcohol Testing
- Frequently Asked Questions For Employers
The purpose of this guide is to help federally-regulated employers address substance dependence in the workplace in a way that is in harmony with human rights legislation. This guide outlines the rights and responsibilities of the employee, job applicants, the employer, unions and/or employee representatives. The Canadian Human Rights Act defines d...
Employers have an obligation to take steps to adjust rules, policies or practices that have a negative impact on individuals—or groups of individuals—based on prohibited grounds of discrimination in the Canadian Human Rights Act. This is called the duty to accommodate. The duty to accommodate means that sometimes it is necessary to treat someone di...
Step 2 Talk about it
Generally, it is the employee's responsibility to disclose their accommodation needs. However, people with substance dependence may not recognize or admit that they have a disability. As well, stigma and fear of losing their job can make them reluctant to admit there is a problem. When an employer observes changes in an employee's attendance, performance or behaviour that may indicate possible substance dependence, it triggers the employer's legal obligation to initiate a discussion with the...
Step 3 Gather and consider the relevant medical information
In order to appropriately accommodate an employee, the employer requires information from a medical professional. Employers need to know: 1. whether the employee has a disability; and if so 2. what accommodations the employee needs. These are medical questions and they need to be answered by a medical professional—the employee's family doctor or specialist. The medical information will allow the employer to make an informed decision about reasonable accommodation options. Employers need to ke...
Step 4 Accommodate
An employee has the right to be accommodated to the point of undue hardship when they have a diagnosed substance dependence. However, this does not give the employee the right to their ideal or preferred accommodation. The accommodation has to work for everyone. The best way to approach accommodation is on an individual, case-by-case basis. When looking at available options, the employer should work with the employee and their representatives and be as creative, open and as flexible as possib...
The duty to accommodate ends when an employer reaches the point of undue hardship. Under the Canadian Human Rights Act, an employer can only claim undue hardship when adjustments to a policy, practice, by-law or physical space would cost too much or create health or safetyrisks. There is no standard formula or precise legal definition of undue hard...
Many federally-regulated workplaces have safety-sensitive positions, leading some employers to have concerns regarding employee impairment by drugs or alcohol while at work. These employers may decide to conduct drug or alcohol testing as an additional precautionary measure. In deciding whether and how to conduct drug or alcohol testing in the work...
First, a brief word on terminology
1. In Canada, people use different terms to describe struggles with alcohol or drugs. The terms substance dependence, addiction, or substance use disorder are often used interchangeably. 2. The Canadian Human Rights Commission (Commission) uses the term “substance dependence”to refer to previous or existing addiction or dependence on alcohol or drugs. 3. Substance dependence is considered a disabilityunder the Canadian Human Rights Act.
May 27, 2021 · Under the Canadian Human Rights Act, substance dependence is considered a disability. An addiction to drugs or alcohol also constitutes a disability within the meaning of the Ontario Human Rights Code. An addiction should only become an issue for the employer, however, if it affects the employee’s work performance.
• Examine your workplace and specific positions for potential risk factors and ways they can be reduced. • Consult with an expert in substance use and addiction or an occupational health and safety professional to further identify and address risks. • Stay informed about workplace injury prevention policies and programming.
Feb 26, 2024 · Workplace accommodations: if an addiction has left someone with a disability, accommodations may have to be put in place for a wheelchair, walker or service animal. Task substitutions: in some cases, where the employee cannot perform a task of the job, they may need to be reassigned to different tasks – the employee should be actively involved in this decision.
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Jun 3, 2021 · An employer has a duty to raise concerns with the employee and to advise the employee that accommodations may be possible if their behaviour is a result of a disability, for example. Duty to Accommodate. Employers have a duty to take steps to accommodate employees with disabilities up to the point of undue hardship (mere inconvenience will not ...
