Health and Safety ReportVolume 14, Issue 11

The Ontario Human Rights Commission (OHRC) has released an updated policy on drug and alcohol testing, including a list of 11 key policy features. The policy aims to safeguard equal rights and opportunities for every person without discrimination and respect employers’ goal of having a safe work place. In light of the predicted move to legalize the recreational personal use of marijuana by the Canadian federal government next year, the subject of worker impairment and workplace safety is timely. Organizations may find these 11 features helpful when developing their own drug and alcohol testing policy.

In its updated policy on drug and alcohol testing, the OHRC states that it is a legitimate goal for employers to have a safe workplace. They acknowledge that safety at work can be negatively affected by many factors, including fatigue, stress, distractions and hazards in the workplace and that drug and alcohol testing is one method employers sometimes use to address safety concerns arising from drug and alcohol use.

The policy also expresses that drug and alcohol testing has particular human rights implications for people with addictions. Under the Ontario Human Rights Code (Code), addictions to drugs or alcohol are considered “disabilities” and the Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas.

For this reason, drug and alcohol testing policies may be discriminatory based on addictions or perceived addictions. They raise human rights concerns where a positive test leads to negative consequences for a person based on an addiction or perceived addiction, such as automatic discipline or inflexible terms and conditions on a person’s job.

Impairment over use

According to the updated policy, the primary reason for conducting drug and alcohol testing should be to measure impairment, as opposed to deterring drug or alcohol use. Drug and alcohol testing may be justifiable if an employer can show that testing provisions are legitimate requirements of the job. One example situation could be if an employee is in a safety-sensitive position and after a significant accident or “near-miss”, and only then as part of a larger assessment of drug and alcohol addiction. By testing to measure impairment, especially in jobs that are safety-sensitive, an appropriate balance can be struck between human rights and safety requirements, for both employees and the public.

The policy goes on to propose that following a positive test, employers should offer a process of individualized assessment of drug or alcohol addiction and must accommodate employees with addictions to the point of undue hardship. If employers or drug and alcohol testing policies treat recreational (or casual) users as if they are people with addictions and impose consequences on this basis, they may be regarded as discriminatory based on “perceived disability.”

The OHRC lists the following as key policy features of a drug and alcohol testing policy that is respectful of human rights and may be justifiable under the Ontario Human Rights Code:

• Is based on a rational connection between the purpose of testing (minimizing the risk of impairment to ensure safety) and job performance
• Shows that testing is necessary to achieve workplace safety
• Is put in place after alternative, less intrusive methods for detecting impairment and increasing workplace safety have been explored
• Is used only in limited circumstances, such as for­cause, post­incident or post­reinstatement situations
• Does not apply automatic consequences following positive tests
• Does not conflate substance use with substance addiction
• Is used as part of a larger assessment of drug or alcohol addiction (for example, employee assistance programs, drug education and awareness programs and a broader medical assessment by a professional with expertise in substance use disorders or physician that provides a process for inquiring into possible disability)
• Provides individualized accommodation for people with addictions who test positive, to the point of undue hardship
• Uses testing methods that are highly accurate, able to measure current impairment, are minimally intrusive and provide rapid results
• Uses reputable procedures for analysis, and
• Ensures confidentiality of medical information and the dignity of the person throughout the process.

The updated Policy on Drug and Alcohol Testing is available as an accessible PDF from the Ontario Human Rights Commission website.

Cold, dark mornings, darker afternoons and early evenings characterize the late autumn. You may think that feeling tired or rundown is a symptom of the season, but any number of other factors may be causing the fatigue you are experiencing.

Fatigue is the state of feeling very tired, weary, or sleepy as a result of too little sleep, prolonged mental and physical work, or extended periods of stress or anxiety. Boring or repetitive tasks can intensify feelings of fatigue. Fatigue can impact work performance. Some studies have shown that when workers have slept for less than 5 hours before work or when workers have been awake for more than 16 hours, their chance of making a mistake at work due to fatigue is significantly increased.

Here are some tips for fighting fatigue:

For Workers

• Eat a healthy diet that promotes longer-lasting energy. Complex carbohydrates (green vegetables, beans, grains) are preferable to simple carbohydrates (sugars). Avoid fatty foods and junk food.
• Adopt a steady exercise routine that includes cardiovascular, muscle strengthening and flexibility workouts.
• Try to get at least 7.5 – 8.5 hours of sleep per night. Try to go to bed and get up at the same time every day.
• Stay positive. Make a conscious effort not to be overwhelmed by negative circumstances.
• Avoid driving if you are tired, especially in inclement weather when road conditions are hazardous, and visibility is limited.
• Avoid excessive noise.

For Employers

• Make sure the work environment does not promote fatigue. Try to avoid dim lighting, toasty warm temperatures, and excessive noise.
• Vary job tasks to eliminate repetition or long periods of boring, monotonous work.
• Incorporate and encourage taking breaks.
• Train workers on the importance of getting enough rest and how to achieve work-life balance.
• Introduce shorter shifts, and rotate shifts in the direction of the sun (morning, afternoon, night, in that order).

CCOHS Resources:

• Fatigue and Work Infographic free download
• Fatigue fact sheet
• Extended Workday: Health & Safety Issues fact sheet

This month’s podcast features the new podcast episode Recognizing Radon and an encore of the podcast Addressing Work-related Stress.

Feature Podcast: Recognizing Radon

Radon is a colourless, odourless, tasteless gas released when uranium, found naturally in rocks and soil, decays. It is also classified as a known carcinogen and a leading cause of lung cancer among non-smokers. In Canada, radon can be found in new and older homes, public buildings and underground worksites. In this podcast, Dr. Cheryl Peters, Postdoctoral Fellow at Carleton University and Occupational Exposures Lead Scientist at CAREX Canada discusses radon, where it’s found, the impact it can have on our health and how we can limit our exposure to it.

The podcast runs 8:22 minutes. 

Listen to the podcast now.

Encore Podcast: Addressing Work-related Stress

This podcast discusses the causes of a stressful workplace, and offers helpful tips on how workers can avoid or minimize stress, and what employers can do to address this important issue.

The podcast runs 5:19 minutes.

Listen to the podcast now.

CCOHS produces free monthly podcasts on a wide variety of topics designed to keep you current with information, tips, and insights into the health, safety, and well-being of working Canadians. You can download the audio segment to your computer or MP3 player and listen to it at your own convenience... or on the go!

See the complete list of podcast topics. Better yet, subscribe to the series on iTunes and don't miss a single episode.

What are the top barriers and issues affecting the health and safety of workplaces in Canada, and what can we do about them? Seize your opportunity to be heard by taking part in an online survey that continues the conversation sparked at Forum 2016 held earlier this year in Vancouver.

CCOHS’ Forum 2016 brought together subject experts, workers, employers and governments from across the country and beyond, to learn about and discuss current and emerging health and safety issues. Delegates explored the challenges arising from shifting demographics, climate change, mental health, workplace culture, emotional intelligence, and more.

Through workshop sessions delegates also weighed in on the barriers, issues, ideas, and good practices taking place in workplaces. They highlighted their own experiences, identifying concerns and outlining possible solutions and strategies. CCOHS invites Canadians to help continue that dialogue. Take part in our survey and add your voice and perspective.

To take the survey, visit http://www.ccohs.ca/events/forum16/#outcomes .

The full results of this survey will be available next year.