The City of Estevan has adopted a new reasonable suspicion policy that will govern how it handles issues related to cannabis and alcohol use.
In a document released at the Sept. 17 meeting of Estevan city council, the human resources department wrote that due to the legalization of cannabis, scheduled for Oct. 17, and the potential impact of medicinal cannabis in the workplace, the city is adopting the policy to add structure to its current practice of zero tolerance for drugs and alcohol in the workplace. It also sets specific criteria for employees when reasonable suspicion occurs within the workplace.
“The intention of this program is prevention,” the report says. “The goal is to protect all employees, contractors, and private citizens from harm resulting in the use of drugs or alcohol.”
Reasonable suspicion is based upon the employee’s conduct, as observed by a person in a management or supervisory capacity. The manager-supervisor or workplace safety co-ordinator may come upon this knowledge firsthand, or may be advised by a person who has observed the employee in a state that gives rise to reasonable suspicion.
If an employee has grounds to believe a manager or supervisor is in a state which creates reasonable suspicion, they will inform the manager or supervisor’s immediate supervisor.
The determination that reasonable suspicion or cause exists must be based on specific, direct and factual observations concerning the appearance, behaviour, speech or body odours of the employee.
Reasonable suspicion guideline testing is based upon suspicious actions or behaviours that indicate probable use of drugs or alcohol.
The manager or supervisor will approach the employee in a respectful, quiet manner.
If the primary manager suspects impairment they will inform the employee, and they will contact a second manager or supervisor, along with a human resources (HR) and union representative, to conduct a secondary assessment.
The HR representative will review the process, interview the employee and act as a resource. If the primary and secondary manager or supervisor are not in agreement regarding impairment, HRR will then either confirm or deny impairment.
If impairment is confirmed, they will then contact the testing agency and the employee will be escorted to a certified drug or alcohol testing facility for testing. If impairment is denied, the employee will be immediately returned to work.
“The City of Estevan is under a legal obligation to ensure health and safety in the workplace, which includes taking appropriate measures to prevent workplace accidents arising from the inappropriate use of alcohol and other substances,” the policy states.
As for over-the-counter or prescription medications, employees are expected to investigate, through their physician or pharmacist, whether a medication can affect safe operation, and to take appropriate steps to minimize associated risks, including notifying their manager or supervisor if the medication could affect the safe performance of their duties.
Also, employees shall not report for duty or remain on duty while having a blood alcohol concentration of .04 per cent or greater.
An employee who is tested and found to have an alcohol concentration of at least .04 per cent, will be subject to an immediate leave of absence without pay pending a further assessment with a substance abuse professional.
An employee who is tested and found to have alcohol concentration of less than .04 per cent but greater than or equal to .02 per cent, will immediately be removed from the workplace without pay until at least the start of the employee’s next regularly scheduled duty, and in the case not less than 24 hours following administration of the test.
As for cannabis, the policy states that the legalization of marijuana or an authorization or prescription for medical cannabis does not give the employee the right to use it in the workplace.
“Both the city and the employee are subject to specific obligations with respect to the use of medical cannabis in the workplace,” the policy states.
Those in safety-sensitive positions or duties, such as those who operate heavy equipment, are required to immediately disclose the use of medical cannabis to their manager or supervisor.
Accommodations for medical cannabis are assessed on an individual basis.
The policy will be monitored on an ongoing basis to ensure it continues to meet its objectives and that it remains responsive to current and evolving needs. It will also be subject to formal evaluation within one year after implementation and on a regular basis thereafter.
