Halifax Employers Association | Employee Safety and Assistance Policy

January 2007

HALIFAX EMPLOYERS ASSOCIATION
POLICY ON EMPLOYEE SAFETY AND ASSISTANCE

1. POLICY STATEMENT

1.1 The Halifax Employers Association (“HEA”) has determined that there are serious safety and other consequences associated with the use of Illicit Drugs and the inappropriate use of Alcohol and Medications at the Workplace.

1.2 The use of Illicit Drugs, and the inappropriate use of Alcohol and Medications can adversely affect the ability of an Employee to work, which may have serious adverse effects on safety, efficiency, and the productivity of Employees and the industry as a whole. Employees at the Workplace often work independently and with equipment or material that poses a threat to their own safety, to the safety of other Employees and to Company Property, as well to the safety of non‑employees and other Property.

1.3 The majority of positions in the Workplace involve the use of, or being in the presence of, dangerous equipment or working in areas where extra alertness is required. As such, incapacity due to the use or after effects of Illicit Drugs, Alcohol or Medications could result in direct and significant risk of injury to the Employee, to others and to Company Property.

2. OBJECTIVES

2.1 To promote safety and prevent accidents as a result of Illicit Drug use and the inappropriate use of Alcohol and Medications.

2.2 To reduce in the Workplace the negative and unsafe effects of Illicit Drug use, and the negative and unsafe effects from the inappropriate use of Alcohol or Medications, through education and, if necessary, rehabilitation.

3. RESPONSIBILITIES

3.1 The Company and Employees are responsible for the success of this Policy.

3.2 The Company has the responsibility to:

(a) implement and apply this Policy;

(b) provide all Employees, except casual labourers including members of the Labour Pool, with access to a confidential Employee Assistance Program (“EAP”) and to the EAP Co-Ordinator. The EAP program is available to assist such Employees who are experiencing addiction to Illicit Drugs, Alcohol or Medications. The EAP Co-Ordinator is available to provide information about the use of Illicit Drugs, and the inappropriate use of Alcohol or Medications to such Employees and to assist them;

(c) upon Implementation of this Policy, and thereafter as needed, provide all Employees, except casual labourers including members of the Labour Pool, with education on the use and effects of Illicit Drugs, as well as the effects of the inappropriate use of Alcohol or Medications;

(d) provide a safe working environment for all Employees and, to that end, to strive to eliminate any negative and unsafe effects on Employee performance and the Workplace through the use of Illicit Drugs and/or the inappropriate use of Alcohol or Medications;

(e) ensure there is a complete investigation into any Policy violation; and

(f) ensure that any and all persons employed by any Company contractor, customer or otherwise on Company Property be able to safely and acceptably perform assigned duties or be present on Company Property without any limitations due to the use or after effects of Illicit Drug use or the inappropriate use of Alcohol or Medications. Any such person who is found to not meet such standard will be immediately removed or will be caused to be removed from Company Property.

3.3 Each Company Supervisor, has the same responsibilities as does each Employee and must advise an Excluded Manager of any situation in which they have grounds to believe an Employee is in violation of this Policy. In addition, they are expected to:

(a) undergo training and education as set out in Article 8(3) of this Policy;

(b) monitor ongoing performance to ensure safe operations and effectiveness of this Policy;

(d) advise an Excluded Manager if an Employee exhibits deteriorating performance;

(e) immediately advise an Excluded Manager of any situation of Alcohol or Drug possession in violation of the Policy;

(f) immediately advise an Excluded Manager if an Employee is Unfit for Duty; and

(g) take appropriate action if any other individual is unfit on Company Property.

3.4 Each Excluded Manager has the same responsibilities as does each Employee and, in addition, has the responsibility to:

(a) undergo training and education as set out in Article 8(3) of this Policy;

(b) address ongoing performance management problems or concerns to ensure safe operations and effectiveness of the Policy;

(d) follow appropriate steps to investigate any Unfit for Duty situation;

(e) make referrals for an Alcohol and Drug test in a post-Incident or reasonable cause situation as and when required to do so under this Policy; and

(f) follow appropriate steps to trigger an investigation if there are reasonable grounds to believe an individual is in possession of a banned substance on Company Property.

3.5 Each Employee has the responsibility to:

(a) read and understand this Policy and to ask questions of the Company and its representatives if the Employee has any questions about the application and effect of the Policy;

(b) to take full advantage of the educational opportunities offered by the Company on the use and effects of Illicit Drugs and the effects of the inappropriate use of Alcohol and Medications;

(d) report for duty, and remain Fit for Duty throughout their workday or shift, free of any negative effects from Illicit Drug use or the inappropriate use of Alcohol or Medications;

(e) investigate whether a Medication they are taking may impact their ability to work safely and advise a Company Supervisor, Excluded Manager or HEA Staff of any need for modified work as a result of legitimate Medication use;

(f) to cooperate fully with any investigation into a possible Policy violation, including Alcohol and Drug testing as set out under this Policy; and

(g) to cooperate with any treatment and aftercare program recommended by the EAP Co-Ordinator in conjunction with any treating facility or physician who may be involved in the Employee’s rehabilitation.

4. DEFINITIONS

4.1 For the purpose of this Policy, the following terms are defined. Where questions arise with respect to the meaning of any of the following definitions, HEA’s interpretation shall prevail:

(a) “Alcohol” - means the intoxicating agent in Beverage Alcohol, ethyl Alcohol, or other low molecular weight Alcohols, including methyl and isopropyl.

(b) “Beverage Alcohol” - means beer, wine and distilled spirits.

(d) “Company Supervisor” - includes all walking bosses, sub‑walking bosses, forepersons, sub-forepersons, head checkers, and back‑up head checkers.

(e) “Company Property” - includes all real or personal property, facilities, land, buildings, equipment, containers, vehicles and vessels whether owned, leased, used by or worked on by HEA and its members, wherever they may be located in the Port of Halifax and at Shearwater and Autoport. “Workplace” has a corresponding meaning.

(f) “Drug” and “Drugs” - means any substance, including Alcohol, Illicit Drugs or Medications, the use of which has the potential to change or adversely affect the way a person thinks, feels or acts. For purposes of this Policy, Drugs of concern are those that inhibit an Employee’s ability to perform his or her job safely and productively.

(g) “Drug Paraphernalia” - includes any personal property which is associated with the use of any Drug, substance, chemical or agent the possession of which is unlawful in Canada.

(h) “Employee” – for the purposes of this Policy, the term employee includes all members of the Unions and all staff and management of the Company and members of any Cardboard/Back‑up pool, Reserve list, Preferred List, members of the Labour Pool, trainees and all casual labourers working for a Company in the Port of Halifax.

(i) “Excluded Manager” - includes all Employees who exercise supervisory or managerial functions and who are not members of a union having bargaining rights at the Port of Halifax.

(j) “Fit for Duty” - means being able to safely and acceptably perform assigned duties without any limitations due to the use or after effects of Illicit Drug use or the inappropriate use of Alcohol or Medications.

(k) “HEA Staff” - means the contract administrators employed by HEA, as well as the General Manager.

(l) “Illicit Drug” - means any Drug or substance which is not legally obtainable and whose use, sale, possession, purchase or transfer is restricted or prohibited by law (e.g. street Drugs such as marijuana and cocaine).

(m) “Incident” - means a Workplace accident which results in any of the following:

(i) a fatality or serious personal injury to an Employee, a customer’s employee, a member of the public or any other person at the Workplace requiring medical attention away from the Workplace;

(ii) significant loss or damage to Company Property or other property; or

(iii) a significant environmental spill;

(n) “Medical Review Officer” - means the licensed physician who is designated by the HEA to evaluate the results of Drug tests and report to the HEA.

(o) “Medication” means a Drug obtained legally, either over‑the‑counter or through a doctor’s prescription.

(p) “Positive Alcohol Test” - is one in which the blood alcohol concentration is at or above .04 BAC (Blood Alcohol Content), and is reported by the collector to the HEA.

(q) “Positive Drug Test” - is one in which the amount of Drug in the sample identified by the concentration test is at or exceeds the cut‑off levels outlined by the Department of Health and Human Services, and is reported by the Medical Review Officer to the HEA.

(r) “Safety‑Sensitive Position” - includes a position: (i) in which the Company determines impaired performance could result in a significant safety risk to the Employee, to others, or to Company Property or to the property of others; and (ii) for which there may be limited or, at times, no supervision. Without restricting the generality of the foregoing, the following positions are considered Safety‑Sensitive:

(i) Longshoreworkers;

(ii) Checkers;

(iii) Maintenance persons;

(iv) Watchmen; and

(v) All non-union Employees whose day-to-day responsibilities require them to work directly in the operations at the Workplace.

(s) “Unfit for Duty” - means not being able to safely and acceptably perform assigned duties without any limitations due to the after effects of Illicit Drug use or the inappropriate use of Alcohol or Medications.

(t) “Workplace” - includes all real or personal property, facilities, land, buildings, equipment, containers, vehicles and vessels whether owned, leased, used by or worked on by HEA and its members, wherever they may be located in the Port of Halifax and at Shearwater and Autoport. “Company Property” has a corresponding meaning.

5. POLICY STANDARDS

5.1 To minimize the risk of unsafe and unsatisfactory work performance, all Employees are expected to report Fit for Duty, and remain Fit for Duty throughout their work day or shift. To accomplish this, the following standards apply:

(a) Illicit Drugs: The following are prohibited while on Company Property and when an Employee is working:

(i) The use, possession, distribution, offering or sale of Illicit Drugs or Illicit Drug paraphernalia;

(ii) The unauthorized possession of prescribed Medications without a legally obtained prescription, and unauthorized distribution, offering or sale of prescription Medications (trafficking);

(iii) Reporting under the influence of Illicit Drugs; and

(iv) Presence in the body of Illicit Drugs as determined through the testing outlined in this Policy.

(b) Alcohol: Subject to limited exceptions for:

(i) formal, hosted events in the administrative offices of member employers conducted in compliance with the “Guidelines for Hosting” attached as Appendix “A” to this Policy; and

(ii) legally purchased alcohol in sealed containers in personal vehicles on Company Property;

the following standards apply:

(i) The use, possession, distribution, offering, sale, purchase or receipt of Beverage Alcohol is prohibited when on Company Property; and

(ii) Employees covered by this Policy cannot have a Positive Alcohol Test or use Alcohol within the first eight hours after an Incident or until tested or advised that a test is not required. Employees are required to remain available for a test even if the collection occurs after their work order is completed.

(i) Employees are expected to responsibly use prescribed and over-the-counter Medications. The intentional misuse of Medications (e.g. using the Medication not as it has been prescribed or directed by the pharmacy, using someone else’s prescription Medication, combining Medication and Alcohol use against direction, etc.) while working or while on Company Property is prohibited. Medications of concern are those that inhibit or may inhibit an Employee’s ability to perform their job safely and productively;

(ii) Employees are expected to investigate (through their doctor or pharmacist) whether a Medication can affect the safe operation of any equipment associated with the Employees’s job and the safe performance of the Employee’s job duties generally;

(iii) If the Medication the Employee is using will affect the safe operation of any equipment associated with the Employee’s job and/or the safe performance of the Employee’s job duties, the Employee is expected to take appropriate action to minimize the safety risk and advise the HEA of any request for modified duties; and

(iv) The HEA reserves the right to confirm the appropriateness of any modified work by contacting the Employee’s physician without breaching medical confidentiality.

(d) Call-in:

If unexpected circumstances arise where an Employee is requested to perform unscheduled services while under the influence of Illicit Drugs, Alcohol or Medications that could impact safe operations, it is the responsibility of the Employee to decline the call.

6. EMPLOYEE ASSISTANCE PROGRAM

6.1 The EAP Coordinator will assess, or have assessed, each Employee referred to EAP pursuant to the provisions of this Policy. The EAP Coordinator may, in consultation with other professionals who may be involved in the Employee’s rehabilitation, design an individualized treatment program for the Employee (“the treatment program”). During the time that the Employee is participating in the treatment program, and to the extent that such participation requires the Employee to be off work, the Employee will be excused by the HEA to attend provided that:

(a) the Employee fully complies with the requirements of the treatment program; and

(b) the Employee does not otherwise violate any of the provisions of this Policy.

6.2 EAP, and access to the treatment program, is only available for members of the Unions, members of the Cardboard/Back-up Pool, the Reserve List and trainees.

6.3 The EAP Coordinator will report to the HEA on a regular basis in order to confirm that the Employee is meeting the requirements of any EAP, aftercare or treatment program (the “Program”) in which the Employee may be participating and which may be a condition of the Employee’s return to work. In the event that an Employee is not meeting the requirements of the Program, including having a Positive Drug Test or a Positive Alcohol Test during the course of the Program, or otherwise is in violation of this Policy, the Employee may be subject to disciplinary measures, up to and including discharge.

7. FAILURE TO COMPLY WITH POLICY

7.1 Any Employee who has a Positive Drug Test or Positive Alcohol Test is in violation of this Policy.

7.2 The HEA may discipline or terminate for cause the employment of an Employee who violates this Policy.

7.3 Notwithstanding 7.1 and 7.2, no Employee will be disciplined as a result of the first and second time the Employee has a Positive Drug Test or a Positive Alcohol Test pursuant to this Policy, provided that:

(a) the Employee is assessed as being Drug or Alcohol (or both) dependent pursuant to Article 6.1;

(b) such Drug or Alcohol (or both) dependent Employee fully complies with the requirements of the Program and the provisions of this Policy throughout the duration of the Program;

(d) the Employee undergoes return to work testing pursuant to Article 8.5(a)(iii) of this Policy and does not have a Positive Drug Test or a Positive Alcohol Test;

(e) the Employee does not have a Positive Drug Test or a Positive Alcohol Test pursuant to subsequent testing conducted in accordance with this Policy, including follow-up testing and;

The aforesaid Employee will be subject to action, including disciplinary action or termination of employment for any subsequent breach of this Policy, such action tailored to the individual’s circumstances.

7.4 Articles 7.3 and 8.1 do not apply to casual labour including members of the Labour Pool. Such employees who violate this Policy will simply be escorted from the Workplace and identified as no longer eligible for dispatch.

7.5 Any Employee who has a Positive Drug Test or a Positive Alcohol Test (or both) pursuant to this Policy, who is determined by the EAP Coordinator not to be Drug or Alcohol (or both) dependent or who otherwise violates this Policy, may be disciplined by up to a seven (7) day suspension for the first offence, up to a three (3) month suspension for the second offence, and up to dismissal for the third offence.

8. PREVENTION OF DRUG AND ALCOHOL USE

8.1 No Employee who requests assistance from the EAP Coordinator for Illicit Drug, Alcohol or Medication dependency will be disciplined for a breach of this Policy, provided that:

(a) such request pre-dates a requirement to undergo Drug or Alcohol (or both) testing pursuant to this Policy;

(b) such request pre-dates Drug or Alcohol (or both) assistance through the EAP program, pursuant to this Policy;

(c) the Employee is determined by the EAP Coordinator to be Drug or Alcohol (or both) dependent at the time the request for assistance is made;

(d) the Employee successfully completes the Program; and

(e) the Employee does not have a Positive Drug Test or a Positive Alcohol Test pursuant to Article 8.5(a) and satisfies the requirements of Article 7.3.

8.2 Notwithstanding 8.1, a request for assistance from the EAP Coordinator does not otherwise immunize an Employee from the testing and other procedures set out under this Policy.

8.3 Education

Upon implementation of this Policy:

(a) Employees will receive educational material on the Policy, the impacts of Drugs on performance and where to obtain assistance for a problem;

(b) all HEA Staff, Company Supervisors, and Excluded Managers, will undergo training on their safety responsibilities under the Policy, performance management and how to identify a situation in which someone is Unfit for Duty; and

(c) HEA Staff and Excluded Managers will be trained in how to conduct a proper investigation, and in how to refer an Employee for a test as and when required to do so under this Policy.

8.4 Rehabilitation

Employees other than casual labourers including members of the Labour Pool can call the Employee Assistance Program (“EAP”) Coordinator in order to obtain information about Drugs and Alcohol. If such Employee decides that help is needed, the EAP Coordinator will help the Employee decide the most appropriate course of action.

8.5 Testing

(a) Drug and Alcohol testing will be done in the following circumstances:

(i) Reasonable Cause Testing

In all situations, when an Excluded Manager or HEA Staff believes an Employee is Unfit for Duty, the Employee will be escorted to a safe place and given an opportunity to explain why the employee appears to be in a condition Unfit for Duty. If the Excluded Manager or HEA Staff conducting the interview still believes the employee is in a condition Unfit for Duty, then, the following actions may be taken, namely:

· referral for an alcohol and drug test; and/or

· referral for a medical assessment; and/or

· provide transportation to the collection site or hospital, depending on the circumstances, and then, to the employee’s place of residence or the care of another person.

For an Alcohol and Drug Test to be required, there must be reasonable grounds to believe that the appearance, possession of Drug Paraphernalia or conduct of an Employee, while on duty, are indicative of the use of Drugs or Alcohol e.g. specific, personal observations resulting from, but not limited, to:

(a) observed use or evidence of use of drugs or alcohol by the Employee (e.g. smell of alcohol);

(b) erratic or unusual Employee behavior;

(d) changes in the speech pattern of the Employee (e.g. slurring of speech).

The decision to refer for an Alcohol and Drug Test shall be made by HEA Staff or an Excluded Manager with HEA Staff agreeing.

The basis for the decision will be documented as soon as possible after the decision to test has been made.

If an Employee has a Positive Drug Test or a Positive Alcohol Test (or both), Article 7 of this Policy will apply.

(ii) Post-Incident Testing

When an Incident occurs at the Workplace, the HEA, in its discretion, may require all involved Employees to be tested for Drugs and Alcohol as soon as reasonably practicable. The decision to refer someone or a group of individuals for a test will be made by HEA Staff or an Excluded Manager with HEA Staff agreeing. The following procedures apply:

(a) the need for a test must be documented as part of the preliminary investigation as soon as practical after the triggering event;

(b) a test will not be necessary if there is clear evidence that the acts or omissions of Employees could not have been a contributing factor (e.g. structural or mechanical failure);

(c) Employees referred for a test will only be those who are identified as having been directly involved in the chain of acts or omissions leading up to the event, including failure to appropriately respond to or aggravation of an Incident requiring response; and

(d) Employees to be tested must not use Alcohol until after the test has been completed.

If an Employee has a Positive Drug Test or a Positive Alcohol Test (or both) Article 7 of this Policy will apply.

(iii) Return to Work Testing

Any Employee who is determined by the HEA to have violated this Policy may, as a pre-condition of any return, be required to pass Drug or Alcohol testing within the one week period immediately prior to the Employee’s return to work date. Such Employee will be required to undergo follow‑up testing. If an Employee has a positive follow-up test, the Employee will be subject to appropriate discipline, which may include dismissal.

(iv) Follow-Up Testing

Any Employee who is referred to EAP and/or who is determined by the HEA to have violated this Policy must, as a pre‑condition of the Employee’s return to work, undergo and comply with follow‑up testing which will be administered on consultation with the EAP Coordinator or in HEA’s sole discretion. Follow‑up testing may include at least six (6) Drug and Alcohol tests in the first twelve (12) months following the Employee’s return to work. Thereafter, additional Follow‑Up Testing shall be at the discretion of the HEA, in consultation with the EAP Coordinator.

(b) A refusal to complete the testing process is also a Policy violation. A refusal includes any attempt to delay reporting for a test, refusal to submit to a test, refusal to agree to disclosure of a test result to the Company, or a confirmed attempt to tamper with a test sample.

(c) Drug and Alcohol testing pursuant to this Policy will be conducted in accordance with the testing procedures set forth in Appendix “B” and may include multiple tests.

(d) Where it has been determined that Drug and Alcohol testing will be done in accordance with this Article, the Employee being tested shall be held out of service pending the results of any tests. If the results of the Alcohol and Drug Test are negative, then, the Employee will not lose any pay as a result of being held out of service. If an Employee has a positive Drug Test or a Positive Alcohol Test (or both), as indicated, Article 7 of this Policy will apply.

9. POLICY EVALUATION

This Policy will be reviewed and may be amended from time to time, to ensure that it continues to meet its established objectives.

10. EFFECTIVE DATE

This Policy and all of its provisions come into effect on Saturday, March 31, 2001, at 1700 hours.