Sentences with phrase «alcohol testing policies»

Clearly, challenges surrounding drug and alcohol testing policies and procedures take up quite a bit of time and energy of companies, unions, arbitrators and eventually, courts.

As a result of this balancing act, there are a number of decisions which offer guidelines for employers with respect to the implementation of drug and alcohol testing policies.

It is then no wonder that employers are keen to introduce drug and alcohol testing policies into the workplace.

If you are an employer seeking assistance with drug and alcohol testing policies or programs for your workplace, please feel free to contact us directly.

While this decision is a significant win for employers in the realm of drug and alcohol testing policies, we caution employers that the nature of their operation, the manner in which their drug and alcohol testing policies are drafted, and the individual circumstances of each incident are crucial and will impact whether such a policy will be upheld in another workplace.

The decision in the ongoing arbitration will likely help to define the boundaries of drug and alcohol testing policies and provide useful clarification on some of the fine points of the decision in Irving Pulp & Paper.

Undeterred by the result in Entrop, employers continued to implement random drug and alcohol testing policies in the years following the decision and unions continued to challenge these polices at arbitration.

The Court also commented that while an employer is always free to negotiate drug and alcohol testing policies, instead of attempting to implement them unilaterally, such an «extraordinary incursion» into the rights of employees must be negotiated expressly and clearly.

Even if drug and alcohol testing policies and programs discriminate based on addictions or perceived addictions, the Policy states that policies and programs may be justifiable if an employer can show that the testing provisions are bona fide (legitimate) requirements of the job.

All employers in unionized workplaces in Canada with drug and alcohol testing policies should re-examine such policies in light of this decision.

As a result of Irving, and other jurisprudence (including human rights decisions), employers should consider implementing the following best practices when drafting workplace drug and alcohol testing policies:

Employers with dangerous operations who wish to unilaterally impose random or pre-access drug and alcohol testing policies must establish that the workplace in question has unique problems and vulnerabilities associated with drug and alcohol abuse, and that their particular policies are justified under those circumstances.

Taken together these cases carry important lessons for employers implementing or carrying out drug and alcohol testing policies.

Pursuant to the new policy, drug and alcohol testing policies that are justifiable under the Code are those that:

Even where drug and alcohol testing policies are found to be discriminatory, they can be justifiable where an employer can establish that the testing is a bona fide (i.e - legitimate) requirement of the job for safety purposes.

Drug and alcohol testing policies have discriminatory effects on and significant human rights implications for people with addictions.

Many workplace drug and alcohol testing policies do not define «refusing to test» and provide no disciplinary consequences for it.

Ensure that the drug and alcohol testing policies and goals of the Secretary of Transportation are developed and carried out in a consistent, efficient, and effective manner within the transportation industries for the ultimate safety and protection of the traveling public.

The Encompass Policy Development Wizard will, by answering 7 specific questions, create a specific, detailed workplace drug and alcohol testing policy with all the related, up - to - date policy Addenda for state - specific rules.

The creation and maintenance of a compliant drug and alcohol testing policy is essential for employers hoping to maintain a safe and productive workplace in addition to protecting themselves against costly litigation.

An effective drug and alcohol testing policy covers all the required material and is written in plain English so that employees can understand their rights and responsibilities

The Federal Motor Carrier Safety Regulation that requires a detailed drug and alcohol testing policy is 49 CFR Part 382.601.

49 CFR Part 382.601 details what must be included in a drug and alcohol testing policy for safety - sensitive employees regulated by the FMCSA.

Whether or not the driver remains in your employ will be determined by your company's drug and alcohol testing policy since terminations are not a regulatory issue.

Where a drug and alcohol testing policy is required to maintain a safe workplace, employers should take a proactive approach to implementing and carrying out the testing, and design policies so that they avoid or eliminate potential discrimination.

In a unanimous decision, the Alberta Court of Appeal reversed an arbitration board's decision that struck down Suncor's random drug and alcohol testing policy.

Contact TMB for assistance in starting a drug and alcohol testing program, revising your drug and alcohol testing policy, or to learn your rights to discipline or terminate an employee following a positive drug test.

Contact Craig W. Trepanier — [email protected] or V. John Ella — [email protected] if you have questions about your drug and alcohol testing policy, a drug testing lawsuit, or drug and alcohol testing law.

In February of 2006, Irving Pulp & Paper Mill («Irving») had implemented a random alcohol testing policy whereby 10 % of workers who held safety sensitive positions were to be randomly selected for breathalyzer testing over the course of a year.

Although there was no dispute that the workplace was a dangerous one, the Supreme Court determined that the simple fact that a workplace might be «highly safety sensitive» or «inherently dangerous» did not, in and of itself, justify the implementation of a random alcohol testing policy.

As such, the Court noted that the dangerousness of the workplace is only one factor to consider in assessing whether it is justifiable to implement a random alcohol testing policy.

In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal («ABCA») upheld a judicial review decision which found that the majority of a grievance arbitration panel («Majority Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforceable.

The Alberta Court of Queen's Bench recently granted Suncor Energy Inc.'s application for judicial review and quashed an arbitration award about Suncor's decision to institute a random drug and alcohol testing policy for certain employees.

In Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper Ltd., («Irving Pulp & Paper») the Supreme Court ruled that a dangerous workplace was not sufficient grounds to justify a random drug and alcohol testing policy.

PDF Version: Suncor's Random Drug and Alcohol Testing Policy Continues to be the Subject of Litigation

Recently, the Alberta Court of Queen's Bench (per Justice R. Paul Belzil) granted Unifor, Local 707A (the Union) an interim injunction prohibiting Suncor Energy Inc (Suncor) from implementing its random drug and alcohol testing policy pending either a successful application for leave to appeal to the Supreme Court of Canada or, failing that, the parties holding a fresh arbitration hearing in early 2018.

However, the board of arbitration set out that in order to justify a random drug or alcohol testing policy, the employer would be required to show:

Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified.

In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor's random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before...

Not exact matches

Now Ohio State is saying its school drug and alcohol policy doesn't apply to a DUI breathalyzer test?

Each LEA participating in the drug testing of students must develop policies and procedures to ensure that those students receive the assistance needed, including an assessment to determine the severity of the student's alcohol and drug problem and a recommendation for referral to intervention or treatment resources as appropriate.

Evidence shows that the most effective policies to reduce alcohol harms, including harms to others, are: - Raising the price of the cheapest alcohol, through taxation and minimum unit pricing - Regulating the density of outlets that can serve alcohol and restricting the permitted hours of sale - drink driving laws, including a lower legal blood alcohol limit and random roadside breath tests - Screening and brief advice for people who are at risk of drinking to a level that is harmful to themselves and others However, the most effective approach is a comprehensive, multi-sectorial set of measures that work together to reduce levels of harmful drinking.

Administration of Medication Policy Background Check and Reporting Policy Bullying Policy Bylaws of Weilenmann School of Discovery Child Abuse Reporting Communication Policy Conflict of Interest Policy Copyright Policy Discipline and Behavior Policy Drug & Alcohol Policy Dual Enrollment Policy Educator Rights Policy Enrollment Policy Establishment of Board Committees Fee Schedule & Policy Fee Waiver Policy Finance Policy General Education Provisions Act Statement Grievance Policy Grievance Form Head Injury Policy Heavy Equipment Policy Hiring Practice and Policy Honor Code Learning Resources Reconsideration Policy Learning Resources Selection Policy Nondiscrimination Statement Nutrition and Physical Wellness Policy Parent / Guardian Rights Policy Parental Notification Policy Records Management Policy Responsible Electronic Device Use Policy Safe Walking and Biking Policy Service Animal Policy Special Education Policies and Procedures Manual Statement of Religious Freedom and Policy Student Acceleration & Retention Policy Student Attendance Policy and Procedures Student Data Privacy and Security Governance Policy Suicide Prevention Policy Technology Security Policy Test Administration Policy Title I Parent Involvement Policy and Information Volunteer Policy Form

(iii) Information about the work situation of the employees subject to stand - down, including a description of the size and organization of the unit (s) in which the employees work, the process through which employees will be informed of the stand - down, whether there is an in - house MRO, and whether your organization has a medical disqualification or stand - down policy for employees in situations other than drug and alcohol testing; and

Provides expert advice and recommendations on policy matters to the Secretary of Transportation on drug and alcohol testing issues at the national and international level.

The Office of Drug and Alcohol Policy and Compliance advises the Secretary on national and international drug testing and control issues and is the principal advisor to the Secretary on rules related to the drug and alcohol testing of safety - sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines, and other transportation induAlcohol Policy and Compliance advises the Secretary on national and international drug testing and control issues and is the principal advisor to the Secretary on rules related to the drug and alcohol testing of safety - sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines, and other transportation indualcohol testing of safety - sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines, and other transportation industries.

The Office of Drug and Alcohol Policy and Compliance (ODAPC) is taking action to rectify what may be a mischaracterization of some test results as being substituted specimens.

You should be aware that a positive, adulterated or substituted DOT drug or alcohol test may trigger consequences based on company policy or employment agreement.

The Office of Drug and Alcohol Policy and Compliance issued a final rule on April 13, 2015 that allows employers, collectors, laboratories, and Medical Review Officers to use the electronic version of the Federal Drug Testing Custody and Control Form (eCCF) in the DOT - regulated drug testing pTesting Custody and Control Form (eCCF) in the DOT - regulated drug testing ptesting program.

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