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HomeMy WebLinkAboutPOL-015-23 Substance Abuse COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: POL-015-23 TITLE: SUBSTANCE ABUSE ADOPTED: March 9, 2023 (C-70/23) SUPERCEDES NO: 2014-PAD-023 PAGE NO: 1 of 14 POLICY STATEMENT: The County recognizes the potential negative effects that Drugs and Alcohol may have on an organization, in particular, the hazards that those who misuse Drugs and/or Alcohol pose to themselves, their co-workers, and the general public. Substance use, misuse or abuse that negatively affects the performance of duties, the safety of operations or the image of the County will not be tolerated. Those performing work for the County have the responsibility to report to work Fit for Duty. POLICY PURPOSE: The purpose of this Policy is to establish expectations for appropriate behaviour, the consequences for non-compliance, to provide consistent guidelines for all Employees, and to provide a means for supporting Employees who are dealing with current or emerging Drug and Alcohol problems. Violation of this Policy will be grounds for disciplinary action, up to and including termination for just cause and without notice. This Policy and the procedures it contains in no way constitute a contract or contractual agreement of any kind whatsoever. _______ 1. Definitions: 1.1 Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol. Alcoholic beverages include wine, beer, distilled spirits and similar products. Any Substance that has an alcoholic content in excess of 0.5 per cent by volume. 1.2 Canadian Model for Providing a Safe Workplace (Canadian Model) is a best practice guide from the Construction Owners Association of Alberta and Energy Safety Canada. 1.3 County Business includes all business activities undertaken by Employees while performing duties, whether conducted on or off County Premises. 1.4 County Premises includes all land, facilities, mobile equipment and vehicles whether owned, leased or used by the County, wherever it may be located. 1.5 County Worksite includes any worksite to which Employees have been assigned for the purpose of conducting County business. 1.6 County Worksite Designated Employer Representative is a County point of contact for external parties including collection site staff, third-party administrators, Medical Review Officers, Medical Review Officer Administrators, Substance Abuse Professionals, etc. 1.7 Drug is any Substance which can impair the user through changes in the way the user’s body or mind function and includes Illegal Drugs and Restricted Drugs. 1.8 Employee includes all permanent full time, part time, temporary, casual, contracted and term Employees on the County’s payroll, or volunteers utilized by the County. This includes Union Employees and Employees who are out of the scope of a Union. POL-015-22 SUBSTANCE ABUSE Page 2 of 14 1.9 Fit for Duty is being able to perform assigned duties safely and acceptably without any limitations due to the use or after-effects of Drugs, Alcohol, Medications or Substances. 1.10 Illicit or Illegal Drug is any Drug or Substance which is not legally obtainable and of which the use, sale, possession, purchase or transfer is restricted or prohibited by the law (for example, street Drugs such as heroin or cocaine). 1.11 Internal Responsibility System is a way of sharing responsibility for health and safety between everyone in the workplace according to each person’s legal obligations. 1.12 Medication refers to a Drug obtained legally by an Employee and used as indicated or directed, including but not limited to those obtained by the Employee with a physician’s prescription or medical document, as contemplated by the Access to Cannabis for Medical Purposes Regulation (as amended, repealed and replaced from time to time), and non- prescription or over-the-counter products. 1.13 Medical Review Officer (MRO) is an impartial, licensed physician who analyses laboratory results from Drug testing programs and provides medical explanations for specific Drug test results. 1.14 Recreational Drug/Alcohol or other Substance Use is the recreational use of Drugs, Alcohol, or other impairing substances, where there is no mental, physical or psychological dependence; therefore, this is not considered a medical condition or mental, physical, or psychological disability as contemplated by Human Rights law. 1.15 Restricted Drug encompasses legal Drugs which are subject to a number of stipulations around use and possession, such as recreational cannabis. 1.16 Safety Advisory indicates that a medical clearance is required prior to performing safety- sensitive duties in accordance with the job description. 1.17 Safety Sensitive Positions shall include any position where if not performed in a safe manner may cause direct and significant damage to property, and/or injury to the Employee, the public and/or the immediate environment. The performance of duties within these roles, by individuals while having impaired physical or mental abilities, creates a reasonably foreseeable risk of injury, physical harm or danger, including, but not limited to Employees who are required or permitted to operate their own personal vehicles for employment-related purposes. 1.18 Significant Incident is a work-related incident causing a fatality or serious personal injury to an Employee or a member of the public; environmental damages with significant implications; a significant loss or damage to property, equipment or vehicles; or a near- miss of the above incidents. 1.19 Substance is defined as any Drug or Alcohol or any other substance which, when taken, changes the way the user’s body or mind functions. 1.20 Substance Abuse is the overuse or improper use of a Substance. 1.21 Substance Abuse Professional (SAP) is a professional counselor or physician who is trained and qualified to provide assessments, advice, counseling, or treatment to anyone having a Substance Abuse or Dependency problem. 1.22 Substance Addiction or Substance Dependency is a mental, physical, or psychological dependence on Drugs, Alcohol, or other impairing Substance that is considered by a physician to be a medical condition/disability as contemplated by Human Rights law. 1.23 Substance Misuse is the use of a Substance at an inappropriate time or place. Possession of an illegal Substance, whether used or not, is defined as misuse. POL-015-22 SUBSTANCE ABUSE Page 3 of 14 1.24 Supervisor is the Supervisor accountable for a particular facility, department or area, and includes Supervisor, managers and others in supervisory positions directly responsible for the performance of Employees. 1.25 Unfit for Duty means an Employee is unable to perform the duties of their position due the presence of Drugs, Alcohol or other Substances which: 1) impacts the employee’s ability to perform in a productive manner, 2) results in a physical or mental condition that potentially creates a risk of the employee causing damage to the public, other employees, property or the environment, 3) results in signs or symptoms of Substance Abuse or Dependency being displayed. In addition to any one or combination of the above factors potentially rendering an employee Unfit for Duty, such will also be declared after an employee has failed the County’s Drug and Alcohol testing program. 1.26 Undue Hardship is a legal term referring to special or specified circumstances that partially or fully exempt a person or organization from performance of a legal obligation to avoid an unreasonable or disproportionate burden or obstacle. 2. Roles & Responsibilities 2.1 Employees shall:  Arrive to work and remain Fit for Duty for the duration of their shift and while on-call;  Advise their Supervisor if they are Unfit for Duty;  Not consume Drugs or Alcohol on County property for the duration of their shift (even if off County property), except for legitimate medical reasons;  Consult with their SAP and/or pharmacist regarding the proper use of prescribed Medications and any negative impact they may have on their performance or safety.  Notify their Supervisor about the possible risks or side effects of Medication required for their health and wellness if it is likely to affect their behaviour or ability to perform their job effectively and in a safe manner;  Report limitations and required modifications of duties due to prescription Medication;  Keep Medication in a secure place inaccessible to other Employees or the public;  Not operate a County vehicle or equipment when Unfit for Duty;  Report unfit co-workers and incidents of Substance Use, Abuse, and Misuse to Supervisor;  Seek advice and/or appropriate treatment for Substance Dependency. Follow the aftercare program, where established.  Read and comply with all parts of this Policy. Understanding, accepting and complying with this Policy is a condition of employment.  Seek support if they feel that they have or may be developing a Substance Dependency, participate in the County’s Employee Assistance Program and follow all recommendations of the Program.  Encourage their peers or co-workers to seek help as necessary.  Cooperate with any work modification related to safety concerns. 2.2 Supervisors shall:  Communicate and give leadership in the administration of this Policy.  Be trained in recognizing signs and symptoms of Substance Abuse and in intervention techniques with Employees who are suspected of being at work when Unfit for Duty.  Be responsible for ensuring Employees submit to Substance Abuse testing.  Be responsible for reviewing prescription Medications their Employees are taking and working with Human Resources to make sure the prescription will not affect their Employee’s ability to work safely. POL-015-22 SUBSTANCE ABUSE Page 4 of 14  Ensure any Employee who appears to be Unfit for Duty does not perform any duties.  Ensure that any Employee who asks for help due to a Drug or Alcohol dependency is provided with the appropriate support (including accommodation where possible) and is not disciplined for doing so.  Investigate violations of this Policy and consult their Director on actions to be taken.  Refer Employees to the testing facility for Alcohol and Drug testing as required.  Evaluate positions to determine those that will be considered as Safety Sensitive positions for the purposes of Alcohol and/or Drug testing.  Be knowledgeable about return to work arrangements. 2.3 Human Resources shall:  Provide and review a copy of this Policy and procedures with all new Employees as part of their onboarding as notification that any resulting dismissal will be considered as dismissal for just cause and not subject to notice or pay in lieu of notice.  Contract the services of a provider capable of providing Drug and Alcohol testing procedures through an accredited laboratory. 2.4 Corporate Safety shall:  Provide prevention programs that emphasize awareness, education and training as the principal methods of ensuring commitment to and compliance with this Policy.  Ensure proper investigation and inquiry procedures are followed when interviewing Employees and investigating incidents pursuant to the Policy requirements. 3. Treatment and Accommodation 3.1 Any Employee suffering from a Substance Addiction or Substance Dependency must disclose the dependence to the Employee’s immediate Supervisor. This is a duty under the Internal Responsibility System (IRS) and specific clauses under the relevant Occupational Health & Safety Act or Regulations. The County recognizes its responsibility to assist and accommodate Employees suffering from Substance Dependency to the extent reasonably possible, including providing access to Leave of Absence as with any other illness, without suffering Undue Hardship. Reasonable precautions to protect the Employee’s confidentiality given the sensitive nature of the issue will be taken. 3.2 Employees who are concerned that a fellow Employee may be suffering from Substance Dependency are encouraged to report their concerns to the Employee’s immediate Supervisor. While the County will make its best efforts to protect Employees’ confidentiality when a concern is reported, it may be necessary to disclose certain information, including but not limited to the identity of the reporting Employee, to the Employee in question to properly investigate concerns. 4. Standards 4.1 During an Employee’s working hours, whether on the County’s Premises or while conducting County Business activities off the County’s Premises, including during meal periods, scheduled breaks, and on-call shifts, no Employee shall use, consume, possess, distribute, or sell: a) Illicit Drugs, Restricted Drugs, or any other intoxicants; b) Alcohol, unless authorized by the County for a specific limited purpose. 4.2 If an Employee is called back after regular working hours to perform County Business and has been consuming Alcohol or using Drugs or other Substances, it is the Employee’s responsibility to: POL-015-22 SUBSTANCE ABUSE Page 5 of 14 a) Notify their Supervisor that they are Unfit for Duty and are unable to return to work; and b) Ensure that they do not perform any County Business, including operate a vehicle. 4.3 The use of Medication in compliance with physician directions is permitted while conducting County Business only if it does not impair the Employee's ability to perform their work effectively and in a safe manner. An Employee's use of Medication will be accommodated to the extent reasonably possible without suffering Undue Hardship. 4.4 Employees are advised to make their physicians or pharmacists aware of their Safety- Sensitive occupation and request information regarding effects and side effects of Medications. Any Medication or medical information reported will be treated as confidential. Employees taking Medication that may may detrimentally impact their ability to fulfill their responsibilities are prohibited from performing in a Safety-Sensitive Position. 4.5 Declines in work performance due to Substance Use, Misuse and/or Abuse will be addressed initially in the same manner as performance deterioration for other reasons. 4.6 Off-duty use of any body or mind-functioning Substances or Medications, which could adversely affect an Employee’s job performance, or which could jeopardize the safety of other Employees, the public or County property is proper cause for disciplinary action. 4.7 Employees who are arrested for Drug or Alcohol related offences may be considered in violation of this Policy. All such criminal charges must be reported to an Employee’s immediate Supervisor. In deciding what action to take, management will take into consideration the nature of the charges, the Employee’s present duties, work records and other related factors as deemed appropriate. The Employee may be referred to the County’s EAP for a Substance Addiction or Substance Dependency assessment and must consent to release the outcome and recommendations to the County. The Employee may be required to agree to a conditional work agreement. 4.8 Employees convicted of impaired driving, whether in a personal or County vehicle, may be subject to disciplinary action up to and including dismissal, and/or completion of a Drug and Alcohol assessment as a condition of continued employment. 5. Testing As soon as possible following an incident as defined in this Policy, the Employee shall make every attempt to contact their Supervisor or Director. The Employee must remain available for testing; if the Employee fails to do so, the County may consider the Employee to have refused to submit to testing. The Supervisor will provide to the Employee the reason for the request to test. Employees involved in an incident must refrain from consuming Alcohol or Drug (except prescription Medication if any) until testing is completed. All Employees will be subject to testing in the following circumstances: 5.1 Reasonable Cause Testing a) The County reserves the right for all its Employees to conduct testing for the presence of Alcohol, Drugs or Substances when it has reasonable cause to believe that the actions, appearance or conduct of an Employee while on duty (including while on-call) is indicative of the use of Drugs or Alcohol. Employees should understand that the necessary threshold to establish reasonable cause in the eyes of the County will be lower for Employees in Safety-Sensitive Positions given the potential consequences involved. b) The basis for the decision to test will be documented as soon as possible after the action has taken place and identified to the Employee prior to the test being conducted. The Employee will be invited to speak to or refute the basis for the decision to test and the POL-015-22 SUBSTANCE ABUSE Page 6 of 14 County shall consider the Employee’s position prior to proceeding with the test. If any Employee is represented by a Union, the Employee shall be advised of their right and opportunity to contact and seek Union representation prior to and for attendance at the test so long as such contact, or representation, does not unreasonably delay the testing process which is important to have performed in a timely fashion. The County shall also reasonably consider the surrounding circumstances, and the presence or absence of any other evidence or indicators of Drug or Alcohol abuse that may have impacted performance prior to making a final decision on reasonable cause to test in these circumstances. The referral for the test will be based on specific, personal observations resulting from, but not limited to: i. Observed use or evidence of use of Drugs or Alcohol; ii. Erratic or atypical behaviour of the Employee; iii. Changes in physical appearance or speech patterns of the Employee; iv. Discovery of Drugs, inclusive of Medication capable of causing a reduction in ability to perform duties, Alcohol, intoxicants or related paraphernalia, or other Substances found in locations to which an Employee has sole or primary access, including Employees’ lockers or assigned vehicles; or v. Following a Significant Incident or accident where the possibility of Drug or Alcohol impacts cannot be easily ruled out from review of the circumstances, including a Significant Incident as defined by Occupational Health & Safety legislation, and a situation which created significant potential risk for an incident or accident, even if an incident or accident did not ultimately result. c) In addition, the County may conduct reasonable cause testing upon receipt of a complaint or concern by a co-worker or third party that an Employee may be using Drugs, Alcohol or other Substance contrary to this Policy. In such circumstances, the County shall record the name and contact information of the complainant as well as the details of the concern or complaint. The County shall provide the details of the concern or complaint to the accused Employee and, in appropriate circumstances, shall also provide the complainant’s identity to the accused Employee to allow them the opportunity to provide a response to the allegations. d) Where reasonably possible, such tests shall be conducted respectfully and in a manner that minimizes the intrusive nature of the tests and protects the Employee’s privacy. e) In all situations where the County believes an Employee is Unfit for Duty, a responsible escort will be used to escort the Employee to the testing facility, and then to the Employee’s home or the care of a responsible adult. f) A Supervisor need not request the Employee to submit to an Alcohol and Drug test if the Supervisor and the next level of management at the County workplace, if any, conclude that there is objective evidence to conclude that the use of Alcohol or Drugs did not contribute to the cause of the incident or near miss. g) Any testing undertaken pursuant to this Policy, including analysis of results, shall be performed by a qualified professional. Where appropriate, results shall be confirmed by laboratory testing, which shall be performed at an accredited laboratory. 5.2 Post Incident Testing POL-015-22 SUBSTANCE ABUSE Page 7 of 14 a) Alcohol and Drug testing will be required after a significant work-related accident or incident as part of a full investigation into the circumstances to rule out alcohol and/or drug use as a cause or significant contributing factor to the incident or if the initial investigation indicates that the event might have been caused by human error, misjudgment or the impact of alcohol or drugs. b) A test is not necessary if there is clear evidence that acts or omissions of the Employee could not have been a contributing factor. 5.3 Return to Duty and Follow-Up Testing a) When an Employee returns to work following a disclosure that the Employee suffers from a Drug/Alcohol Dependency and subsequent treatment, the County may require the Employee to undergo a return to duty test. Unannounced follow up Alcohol and/or Drug testing may be required for up to twelve (12) months after the Employee returns to duty with up to six (6) tests being required during that period. b) Employees who are returning to duty following a positive test situation shall undergo a return to duty Drug and/or Alcohol test with the request that a negative test result be confirmed, failing which further disciplinary action, up to and including termination for just cause will take place. c) Return to Duty and Follow-Up testing must be conducted at a facility designated by the County. d) Prior to implementing a return to duty pursuant to 5.3(a) above, the County will consider all the surrounding facts and circumstances on a case-by-case basis, and provide the opportunity for discussion and input on the decision for return to duty testing by the Employee and the Employee’s Union representative if applicable. 5.4 Pre-employment Drug Testing All successful applicants for Safety Sensitive Positions shall be required to pass a Drug and Alcohol test after receiving an offer of employment and prior to starting work. Positions shall be pre-identified by Supervisors using the Safety Sensitive Position Assessment Tool. Advertisements for all Safety Sensitive Positions shall indicate that applicants must successfully pass a Drug test prior to commencing employment. Applicants failing the Drug test shall have their offer of employment rescinded if the MRO reports a positive test result. If the result is negative but includes a Medical Review Officer Safety Advisory, a medical clearance will be a prerequisite of employment. 5.5 Random Drug and Alcohol Testing The County will not require random Drug and Alcohol testing. 6. Testing Procedures 6.1 Testing an Employee shall be a joint decision made between the Supervisor, their Director and Human Resources. a) Supervisors should ensure that the Employee to be tested does not consume any Alcohol, Drugs or other Substances until after the test has been completed or they have been advised that a test is not required. b) Where reasonably possible, tests shall be conducted respectfully and, in a manner, to minimize the intrusive nature of the tests. The Supervisor will contact the service provider regularly used for occupational assessments and testing and schedule a test. Upon setting up the appointment, either Human Resources or the Supervisor shall notify the Employee of the time and location for the testing. The process is to be completed as POL-015-22 SUBSTANCE ABUSE Page 8 of 14 soon as possible after the incident or observation that is deemed within the guidelines of this Policy. The Drug testing will be performed in compliance with the testing procedures as defined by the testing facility. c) The Employee shall be notified of the test results and given an opportunity to address those results with the MRO. Employees who have positive test results, will be required to attend a meeting with Department management, Human Resources and their Union representative, if applicable. This meeting will review the situation and provide written correspondence of the resources available in evaluating and resolving the problems associated with Substance Use, Misuse or Abuse, including the contact information of SAPs. Where practical, management and Human Resources will endeavor to meet or contact the Employee the next working day and direction will be provided regarding the investigation and return to duty choices. The County shall consider on a case-by-case basis all the surrounding facts and circumstances, including input from the Employee and if applicable the Employee’s Union representative and make a determination of further steps, requirements, or recommendations that may be necessary to refer the Employee to a County designated SAP for evaluation regarding a potential Substance Addiction or Substance Dependency. d) Test results will be stored in a secure location with access restricted to the County’s HR, managerial or supervisory Employees with a demonstrable need for access to test results, in order to preserve Employee privacy. Test results will not be disclosed to third parties without prior written consent of the Employee, subject only to a legal requirement for the County to produce Employee test results. e) The Supervisor shall arrange for transportation of the Employee to the specific testing facility, and then to the Employee’s home or the care of a responsible adult; f) The Employee may be temporarily removed from duty with or without pay or may be reassigned some safe alternate duties pending the completion of the investigation and any test results. 6.2 Result: a) Drug Tests: Employees will be tested for the substances listed within the Canadian Model as updated from time to time (see Appendix A). Industry standard cut off levels, above which a rest result is considered positive, have been established by the and the Canadian Model for Providing a Safe Workplace. Employees with a confirmed positive Drug test must be removed from duty and referred to an SAP for evaluation. The presence of Substances in amounts equal to or higher than confirmation concentration listed in the Canadian Model constitutes a potential greater risk and shall result in the various processes and consequences as set out herein. Any Substance that may detrimentally affect the Employee’s ability to perform their job in a safe manner, shall be deemed a positive test if testing confirms any concentration of said substance is present. b) Oral Fluid/Saliva Drug Tests: Specifically, in the case of marijuana/cannabinoid metabolites with test results higher than industry standard thresholds, a retest using appropriately collected and lab tested oral fluid by an approved testing facility shall apply. The oral fluid test results will be considered to be the primary authority for cases involving marijuana/cannabis use due to this type of testing having a shorter window-of- detection and limited adulteration methods. In cases where an Employee tests positive either by screening and/or confirmation for cannabis/marijuana, that Employee shall immediately be removed from duty with or without pay until such time as the test results are officially confirmed as negative through a subsequent oral fluid test, or a urinalysis re-test, returns negative results and the Employee has been evaluated/approved by an SAP. POL-015-22 SUBSTANCE ABUSE Page 9 of 14  In case of reasonable cause testing, the tested Employee shall be removed from duty immediately, and until negative test results are confirmed. If the Employee fails to complete the required testing or the test results come back as positive, disciplinary action will be taken.  An Employee will be declared “not fit for duty” if Oral fluid test results, whether as the first or follow-up testing option, are equal to or higher than industry standard thresholds. c) If in the event of a reported positive drug test, the MRO may determine that the donor has a legitimate prescription; the positive result may be changed to a negative. If the MRO determines that the use of that prescribed drug may compromise safety in the performance of a safety sensitive function, the MRO will issue a Safety Advisory to the Designated Employer Representative. The employee will be removed from safety sensitive duties while a medical investigation is completed. This investigation may involve a third-party organization to obtain medical information. An employee who was issued a Safety Advisory will not be allowed to resume safety sensitive functions until medically cleared to do so. d) Alcohol Tests: Results of Alcohol concentration of 0.04 (40 milligrams of Alcohol per 100 millilitres of blood) or greater are considered a positive test which deems the employee not fit for duty. Subject Employees must be removed from duty and referred to an SAP for evaluation. Employees with a confirmed alcohol concentration of 0.02 to 0.039 will be removed from duty immediately and will not be allowed to return to work for a minimum of 24 hours. The employee may be subject to corrective disciplinary action. Accommodation to the point of Undue Hardship will be considered in cases where Substance Addiction and/or Substance Dependency is disclosed. 7. Collection Procedures 7.1 Any Drug/Alcohol testing conducted under this Policy shall be performed at a collection facility designated by the County for the purposes of administering this Policy. Results will not be accepted from any other facility. 7.2 Collection procedures at all testing facilities shall conform to the most recent industry standards as noted in the Canadian Model, Urine Specimen Collection Guidelines. 7.3 Testing procedures, including urine collection, saliva and breath Alcohol testing, laboratory analysis and medical review procedures shall be conducted in accordance with applicable Canadian industry standards outlined in the Canadian Model. 7.4 Specific drugs tested for and cut-off levels of those drugs will be based on the Urine and Oral Fluid Chart from the Canadian Model. 8. Refusal to Take a Test: 8.1 An Employee’s refusal to comply with a request to submit to Alcohol and/or Drug testing; or provide a suitable sample for an Alcohol and/or Drug test shall subject the Employee to disciplinary action up to and including termination of employment for just cause and without notice. In the event that the Employee is not terminated, the County shall refer such an Employee to a SAP. 8.2 Attempts to tamper with a sample are considered a breach of trust, and a refusal to test. 8.3 Individuals who cannot provide a urine sample initially may consume up to 40 ounces of appropriate fluids over a three-hour (3) period. After that time has elapsed, efforts to collect the sample shall cease and a “shy bladder” situation shall be declared. Individuals unable to provide either an adequate urine sample or breath sample shall be referred to a physician POL-015-22 SUBSTANCE ABUSE Page 10 of 14 for evaluation. If the evaluation fails to identify an acceptable medical explanation for the inability to provide a specimen, the failure to provide a sample shall be considered as a “refusal to test”. 9. Discipline 9.1 The County views the rules contained in this Policy to be of the utmost importance. This is a zero-tolerance Policy; any deviation from the above terms will result in disciplinary action, up to and including termination. 9.2 If an Employee neglects or refuses to disclose a Drug or Alcohol Addiction or Dependency, in violation of this Policy, the County will be forced to deal with breaches of this Policy based on the understanding that the Employee is not suffering from a Drug or Alcohol Addiction or Dependency, but has simply disregarded this Policy. 9.3 Before returning to Safety-Sensitive Positions, any Employee must undergo the following: a) Complete an evaluation by a qualified SAP; b) Agree to complete any recommendations (including treatment) made by the SAP; c) Pass a return to duty Alcohol and/or Drug test; d) Agree to return to duty conditions that include unannounced Follow-Up Alcohol and/or Drug testing over a period of twenty-four (24) months; e) All return to duty conditions will be at the Employee’s expense. 9.4 Should any test, during the twenty-four (24) month period, be confirmed positive for Alcohol/Drugs, and/or the Employee does not comply with SAP recommendations, the Employee may be subject to termination for just cause. Return to duty provisions will include the signing of a return to duty agreement specifying exact employment conditions. 9.5 Where the Employee’s job-related problems are known to be the result of a Drug or Alcohol problem and if remedial action has been considered and rejected or when the Employee has either rejected assistance or demonstrates a lack of serious commitment to overcoming the Addiction or Dependency or when the Employee has failed to acknowledge or advise the County that they have a Drug or Alcohol Addiction or Dependency, termination of employment may apply at the sole discretion of the County. 9.6 Notwithstanding the foregoing, any disciplinary action taken under this Policy against an Employee who is a member of a union will comply with the applicable collective agreement. 10 Return to Duty after a Positive Test 10.1 An Employee cannot return to duty until they have been evaluated by an SAP, complied with recommendations, and has a negative result on a return to duty test. a) The Employee must provide a written report from the SAP verifying the evaluation and any required treatment or provide a release document for the required information to assist in the safe return to duty. b) Seeking voluntary assistance for Drug or Alcohol Dependence will not jeopardize an Employee's employment with the County, so long as the Employee continues to co- operate and seek appropriate treatment for their disclosed problem and is able to treat and control the problem to facilitate a return to work within the reasonably foreseeable future. c) Any Employee violating this Policy who is subsequently authorized and accepted by the County to return to duty shall (after the County has allowed reasonable opportunity for POL-015-22 SUBSTANCE ABUSE Page 11 of 14 input and discussion by the Employee, and any applicable Employee Union representative and/or the Employee’s SAP) receive a Return to Duty Letter outlining conditions of the return to the workplace that will normally include, but is not limited to, the following: i. Requirement to continue treatment, counselling and assistance programs or procedures recommended by the Employee’s SAP; ii. Express obligation to immediately cease performance of duties and notify a Supervisor in the event the Employee finds themselves Unfit for Duty at any time while conducting County Business following a return to the workplace; iii. Requirement to provide written medical confirmation that the Employee has their condition under control and is able to safely return Fit for Duty to the workplace without danger to the Employee or others; iv. Requirement to provide reasonably regular updates from the Employee’s SAP confirming that the Employee continues to follow recommended treatment programs and continues to be Fit for Duty without danger to themselves or others; and v. An express warning to the Employee that future violations of the Policy will lead to further discipline and serious consideration of immediate termination for just cause. d) Employees suffering from Drug or Alcohol Addition and/or Dependence who fail to cooperate with assistance or treatment programs or engage in repeated infractions of this Policy, will be subject to disciplinary action. 11 Employee Assistance for Substance Abuse 11.1 Certain individuals may develop a Substance Dependency, which may be defined as a disease or disability. Employees are not excused from their duties because of their dependencies. 11.2 Employees who have Substance Abuse/Misuse problems are encouraged to seek help through their Supervisor and Human Resources who will explore options to accommodate an Employee’s disability up to the point of Undue Hardship. 11.3 Voluntary disclosure of an Alcohol or Drug Dependence or Addiction will not in and of itself result in discipline. 11.4 The County maintains an Employee Assistance Program that provides help and information to Employees who suffer from Substance Abuse and other personal or emotional problems. Employees are responsible to seek assistance before performance problems lead to disciplinary action. Once a violation of the Substance Abuse Policy occurs, subsequent Employee use of the EAP on a voluntary basis will not lessen disciplinary action. 11.5 Employees who believe they may be unable to comply with this Substance Abuse Policy must seek help by taking such steps to ensure that they present no safety risk to themselves or others at the workplace. Seeking voluntary assistance for Drug or Alcohol Addition or Dependency will not jeopardize an Employee’s employment, so long as the Employee continues to co-operate and seek appropriate treatment and is able to treat and control the problem to facilitate a return to duty within the reasonably foreseeable future. Employees suffering from a Drug or Alcohol Addiction or Dependency who fail to co- operate with the assistance or treatment programs and/or engage in infractions of this Policy will be subject to disciplinary action. 11.6 Human Resources and the Employee’s Supervisor will work with the Employee Assistance Program (EAP) provider to establish a care plan. Employees with Substance Addiction or POL-015-22 SUBSTANCE ABUSE Page 12 of 14 Dependency that can be helped with a treatment and rehabilitation program shall be encouraged to participate based on the advice of EAP. 11.7 Employees who are candidates for primary treatment (i.e., residential, or out-patient treatment) for Substance Abuse will be required to enter into a written agreement supporting their recovery that outlines the conditions governing their absence, return to duty, and the consequences of violating those conditions. Conditions of aftercare may include unannounced follow-up testing based on recommendations of an SAP and/or the treating facility. Where a medical professional advises that there is a risk that an Employee cannot perform their job safely, the Employee will be removed from duty until they are able to safely Return to Work. Work schedules will be adjusted within reasonable limits to accommodate the Employee attending treatment or counselling. 12 Confidentiality and Record Keeping 12.1 All Drug and Alcohol test results are confidential and released by the testing company to Human Resources and the Manager of Corporate Safety Services. Relevant information may be released to Supervisors as required. 12.2 All related confidential records will be maintained in a secure manner; with negative test results being maintained for no less than one year, and positive test results and SAP assessments being maintained for a five-year period. POL-015-22 SUBSTANCE ABUSE Page 13 of 14 APPENDIX A ANALYTES AND CUT-OFF LEVELS (ORAL FLUID) Initial Test Cut-off Confirmatory Test Confirmatory Test Initial Test Analyte Concentration Analyte Cut-off Concentration Marijuana Metabolites 4 ng/mL THCA 2 ng/mL Cocaine Metabolites 20 ng/mL Benzoylecgonine 8 ng/mL Opioids 40 ng/mL ------ ------ Codeine 40 ng/mL Codeine/Morphine ------ Morphine 40 ng/mL Hydrocodone/ Hydrocodone 40 ng/mL ------ Hydromorphone Hydromorphone 40 ng/mL Oxycodone/ Oxycodone 40 ng/mL ------ Oxymorphone Oxymorphone 40 ng/mL 6-Acetylmorphine ------ 6-Acetylmorphine 4 ng/mL Phencyclidine 10 ng/mL Phencyclidine 10 ng/mL Amphetamines/ Amphetamine 50 ng/mL 50 ng/mL Methamphetamines Methamphetamine 50 ng/mL 1 MDMA 50 ng/mL MDMA/MDA ------ 2 MDA 50 ng/mL 1 Methylenedioxymethamphetamine (MDMA) 2 Methylenedioxyamphetamine (MDA) The laboratory will use the cut-off concentration levels of the above chart for initial and confirmation drug tests. All cut-off concentrations are expressed in nanograms per milliliter (ng/mL) POL-015-22 SUBSTANCE ABUSE Page 14 of 14 APPENDIX A - CONTINUED ANALYTES AND CUT-OFF LEVELS (URINE) Initial Test Cut-off Confirmatory Test Confirmatory Test Initial Test Analyte Concentration Analyte Cut-off Concentration Marijuana Metabolites 50 ng/mL THCA 15 ng/mL Cocaine Metabolites 150 ng/mL Benzoylecgonine 100 ng/mL Codeine 2000 ng/mL Codeine/Morphine 2000 ng/mL Morphine 2000 ng/mL Hydrocodone/ Hydrocodone 100 ng/mL 300 ng/mL Hydromorphone Hydromorphone 100 ng/mL Oxycodone/ Oxycodone 100 ng/mL 100 ng/mL Oxymorphone Oxymorphone 100 ng/mL 6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL Amphetamine/ Amphetamine 250 ng/mL 500 ng/mL Methamphetamine Methamphetamine 250 ng/mL 1 MDMA 250 ng/mL MDMA/MDA 500 ng/mL 2 MDA 250 ng/mL 1 Methylenedioxymethamphetamine (MDMA) 2 Methylenedioxyamphetamine (MDA) The laboratory will use the cut-off concentration levels of the above chart for initial and confirmation drug tests. All cut-off concentrations are expressed in nanograms per milliliter (ng/mL)