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Alcohol & Drugs in the WorkplaceA Clinical Perspectiveof the New Guidelines fromthe Canadian Human Rights Commission
HRPA 2018 | Paul Gardiner, M.A., R.P. | 416 570 5280
Presentation Agenda
● Information about substance use disorder● Human Rights Commission Guide
1) Recognize the signs2) Talk about it3) Gather and consider relevant medical information4) Accommodations5) Follow-up and adjust
● Special Situations: drug testing and safety sensitive designation● Looking ahead: Legalizing Marijuana
5% of your employees have an
active S ubstance Use Disorder*
...and an additional 5% are at risk
*Statistics Canada 2012
Addict ion as a Disabi l i t y
Responsibi l i t i es● Health and Safety Legislation
● Organization’s Alcohol & Drug Policy
● Relevant industry best practices
● DOT regulation (U.S. operations)
● Canadian Human Rights Commision
Substance use disorder is on a continuum, only dependence requires accommodation
Substance use disorder is on a continuum, only dependence requires accommodation
STEP 1) Recognize the signs
Recognize the SignsThings you may notice:
• Absenteeism or lateness• Mood swings• Alcohol on breath/smell of
marijuana or other substance• Frequent breaks
• Memory loss/lapse
• Irritability
• Money problems
Recognize the Signs Things you may notice:
• Slowed, staggering walk
• Poor coordination
• Red, watery eyes
• Pupils smaller or larger
• Puffy face
• Blushing, or paleness
• Cold, sweaty palms
• Tremors or shakes
• Blank stare• Hyperactivity/talkativeness
Key thing to notice:Be aware of changes to baseline behaviour.
Do not assume:You are required to inquire and not to diagnose.
Substance use disorder is on a continuum, only dependence requires accommodation
STEP 1) Recognize the signs
STEP 2) Talk about it
Talk About It
• Absenteeism or lateness• Mood swings• Alcohol on breath/smell of
marijuana or other substance• Frequent breaks
• Memory loss/lapse
• Irritability
• Money problems
• Understand Duty to Accommodate
• Be respectful and non-judgemental
• Ensure the conversation is confidential
• Focus on objective information/behaviour
• Only ask questions relevant to the employee’s possible need for accommodation
• Advise of workplace supports (EAP, employee benefits, etc.)
• Manage your own emotions
Substance use disorder is on a continuum, only dependence requires accommodation
STEP 1) Recognize the signs
STEP 2) Talk about it
STEP 3) Gather/consider relevant medical information
Gather and Consider EvidenceHealthcare professional to provide:
1) Does the employee suffer from a disability?
2) What are the requirements for accommodation?
● Respect employee privacy● Employer does not require diagnosis or
details on formulation● Employer to provide relevant
information (ie safety sensitive work)● Independent Expert evaluation may be
appropriate
Substance use disorder is on a continuum, only dependence requires accommodation
STEP 1) Recognize the signs
STEP 2) Talk about it
STEP 3) Gather/consider relevant medical information
STEP 4) Accommodations
Notes on Accommodation
● Employee participates but does not choose the accommodation
● Case-by-case basis● Be creative, open and flexible● Document the accommodation plan
and all parties sign● Understand that Substance Use
Disorder has relapse risk● High concurrence of other mental
health diagnosis
Substance use disorder is on a continuum, only dependence requires accommodation
STEP 1) Recognize the signs
STEP 2) Talk about it
STEP 3) Gather/consider relevant medical information
STEP 4) Accommodations
STEP 5) Follow-up and adjust
Follow - up & A djust
● Schedule follow-up meetings into the accommodation plan
● Review plan periodically based on employee’s current needs
● Adjust as required using collaborative approach
● Limit is ‘undue hardship’
Substance use disorder is on a continuum, only dependence requires accommodation
STEP 1) Recognize the signs
STEP 2) Talk about it
STEP 3) Gather/consider relevant medical information
STEP 4) Accommodations
STEP 5) Follow-up and adjust
Safety Sensitive and Safety Critical W ork
Drug Testing: current landscape in Canada
● Marijuana use expected to increase in population
● Top Five Concerns identified:○ Employees operating motor vehicles○ Disciplinary procedures○ Decreased work performance○ Employees using heavy machinery○ Attendance
● No consensus for impairment by marijuana
● Medically authorized marijuana and disability related to marijuana (substance use disorder) still requires accommodation consideration
Alcohol & Drugs in the WorkplaceA Clinical Perspectiveof the New Guidelines fromthe Canadian Human Rights Commission
HRPA 2018 | Paul Gardiner, M.A., R.P. | 416 570 5280