Procedure 1.2.39 EMPLOYEE SUBSTANCE ABUSE

Employees are required to comply with the terms of this procedure. District School Board Ontario North East reserves the right to discipline employees, up to and including termination of employment, for failure to comply with this Procedure. 

The following is a non-exhaustive list that employees are required to adhere to:

• Use or possession of non-prescription drugs, distribution, cultivation, and/or offering for sale of drugs (legal or illicit) and/or alcohol, on District School Board Ontario North East premises, including during paid and unpaid breaks, is strictly prohibited.
• Employees are required to report to work fit for duty. This includes remaining fit for duty and in compliance with the policy for the duration of their shift or while carrying out duties of the Board, such as field trips).
• Employees who suspect they have a drug and/or alcohol dependency or emerging issue related to drugs and/or alcohol are encouraged to seek medical and/or professional advice and follow recommended treatment promptly. Employees are encouraged to consult their supervisors, human resource staff and/or District School Board Ontario North East’s Employee Family Assistance Program (EFAP) provider in the event they have concerns about their own drug and/or alcohol use.
• Employees are expected to responsibly use prescribed and over-the-counter medications. Where the use of a prescribed or over-the-counter medication could inhibit an individual’s ability to carry out the duties of their position safely, employees are required to advise their supervisor and Human Resources immediately. 
• District School Board Ontario North East is committed to working with employees who have or may have a drug and/or alcohol dependency. Employees are expected to adhere to work-related limitations that may be imposed to appropriately accommodate them in order to ensure the safety, health, and welfare of the individual, other employees, students and the work environment.
• Where there are reasonable grounds to believe that an employee may not be fit for duty while working on company premises, supervisors and/or the human resources department may remove the individual from their duties. The employee will be given the opportunity to explain why they appear unfit for work in a private area. Depending on the circumstances, an employee may be subject to discipline, up to and including termination, if there is a breach of the Employee Substance Abuse Policy. 
• Where an employee suspects a co-worker may not be fit for duty, they must report such suspicions to their supervisor, Human Resources, or a member of management immediately.
• When off-duty, employees must refuse a request to come into work if they are not fit for duty.
• Employees on prescription medications or medically approved substances that could potentially inhibit their ability to carry out the duties of their position safely, must communicate to their supervisor the usage of such medication, and any potential risks, limitations, or restrictions. Depending on the circumstances, duties may be modified or employees may be given a temporary re-assignment if they are unable to perform the duties of their position safely.
• Employees seeking accommodation involving prescription drugs, including medicinal cannabis, must provide medical documentation substantiating this requirement. Medical documentation provided should also include details such as:

1. When, how often, and how much of the product will they need to take;
2. If they will need to take it at work, where and how will they take it;
3. How long they anticipate needing to take it;
4. What skills, if any, are impaired, and for what duration;
5. Any behavioural side-effects; and
6. Communicating and reporting if the dosage of the medication has been increased and will cause, or is likely to cause, impairment.

The following procedure will be enacted if there is a reasonable belief that an employee is impaired at work:

1. If possible, the employee’s manager/supervisor will first seek another manager or supervisor’s opinion to confirm the employee’s status. If only one supervisor is on site, the human resources department will be notified immediately.
2. Next, the manager/supervisor will notify the human resources department, who will consult privately with the employee to determine the cause of the observation, including whether substance abuse has occurred. The employee will be given the opportunity to have union representation present.
3. Suspicions of an employee’s ability to function safely may be based on specific personal observations. If the employee exhibits unusual behavior that may include, but is not limited to, slurred speech, difficulty with balance, watery and/or red eyes, dilated pupils, and/or an odour of alcohol or other substance, the employee should not be permitted to return to their assigned duties in order to ensure their safety and the safety of other employees, students, or visitors to the workplace.
4. If an employee is suspected to be impaired and deemed not fit for duty, this decision is made based on the best judgment of management and the human resources department, and does not require a breathalyzer or blood test. The employee will be advised that District School Board Ontario North East has arranged a taxi or shuttle service to safely transport them to their home address or to a medical facility, depending on the severity of the observed impairment. The employee may be accompanied by a manager/supervisor or another employee if necessary.
5. An impaired employee will not be allowed to drive. If an employee chooses to refuse District School Board Ontario North East’s organized transportation and make the decision to drive their personal vehicle, the employee should be advised that the Board (supervisor or designate) is obligated to, and will immediately, contact the police.
6. An employee suspected of impairment will be assigned at home until a meeting with the human resources department can be scheduled, which must take place within five (5) working days. The meeting will review the incident and determine a course of action, which may include a monitored referral program as part of a treatment plan. During the timeframe between the employee being assigned at home and the subsequent meeting with the human resources department, the employee will be able to access paid sick leave (if available under the employee’s collective agreement, terms and conditions, or working agreement).