Substance Abuse Policy

Substance Abuse Policy

Earl G. Phillips

October 26, 2006

McCarthy Tétrault LLP Barristers and Solicitors PO Box 10424, Suite 1300 777 Dunsmuir Street Vancouver, British Columbia V7Y 1K2 www.mccarthy.ca

Substance Abuse Policy

Introduction

Increased awareness of the impact of drug and alcohol use in the workplace has caused many employers to consider developing a substance abuse policy: a policy to deal with impairment, possession, use or addiction to alcohol or illicit drugs. An employer may consider developing a substance abuse policy for many reasons: • an employer has a legal duty to ensure the health, safety and welfare of employees; the development of a substance abuse policy may be an important step in providing a safe workplace; an employer has an interest in monitoring substance abuse in the workplace in order to avoid vicarious liability for the conduct of an impaired employee; an employer may wish to establish clear rules and procedures regarding alcohol use in the course of employment and at company sponsored events to avoid social host liability; and an effective substance abuse policy can promote greater workplace productivity, retention of skilled employees and employee wellness.

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This paper will address the best practices for developing a substance abuse policy as well as the appropriate content of such policies.

Case Study #1

Facts The employee, a thirty-eight year old man, was a Registered Nurse in an Intensive Care Unit. He used to abstain from alcohol, tobacco and drugs, but after a severe emotional upset he began taking analgesic narcotics. At the beginning, he took small amounts of the drug through wastage (the portion of drug that accumulates in the syringe after being administered to the patient) but soon progressed to obtaining drugs in a variety of other ways including under dosing patients, fraudulent record keeping,

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misrepresentation, and dual entries. A year and a half...