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Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Substance Abuse Self-Disclosure Policy

Many companies require employees to self-disclose their alcohol/drug problems on a non-disciplinary basis. The idea: Recognize that substance abuse is a problem, not a form of misconduct, and get employees who come forward voluntarily the help they need. Then if employees don’t take the offered amnesty and later get caught using impairing substances, you can discipline them.

Although a recent Canadian Supreme Court called Stewart v. Elk Valley Coal Corp., 2017 SCC 30, [2017] 1 S.C.R. 591, recognizes the general legality of that approach, your policies must apply it very carefully. It comes down to a balance between your interest in workplace safety and the employee’s privacy and right to accommodations.

Rule 1: The policy must be not only necessary to ensure safety but carried out in the least privacy-intrusive way possible.
Rule 2: The policy must accommodate employees’ disabilities (remember that drug/alcohol dependency and addiction are “disabilities” under human rights laws) ...

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