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Mitigating the Liability of Substance Abuse in the Workplace Michael D.A. Ford October 6, 2003.

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Presentation on theme: "Mitigating the Liability of Substance Abuse in the Workplace Michael D.A. Ford October 6, 2003."— Presentation transcript:

1 Mitigating the Liability of Substance Abuse in the Workplace Michael D.A. Ford October 6, 2003

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7 The Emerging Phenomenon  Make Everyone Pay!  Employers & Unions  “Employers” The Nike decision

8 On The Human Rights Front (Unions)  Renaud decision  Canada Safeway decision

9 Is It A Matter Of Time?  Owner  Contractor Unsafe workers  Union Union dispatchers  Employee (the “Co-conspirator”)

10 Legal Confusion Continues Entrop decision  A checkerboard based on scientific testing methodologies  Entrop used by the Alberta Human Rights Commission

11 Legal Confusion Continues Meiorin decision  Rational connection  Good faith  Reasonably necessary

12 Legal Confusion Continues  Jacknife and Elizabeth Metis Settlement

13 What Does All Of This Really Mean? Be pro-active – mitigate your liability

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15 Possible Ways To Reduce Risk  Education and training  EAP  Rehabilitation  Testing  Establish a policy

16 A Policy Is Helpful…  Cornerstone of an approach  It is more than just testing

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19 Party Sound Social Services (S.C.C.) “Human Rights Code, which prohibits discriminatory discharges, is an implicit term of all collective agreements. Therefore, a discriminatory discharge of a probationary employee constitutes a violation of the collective agreement and is thus arbitrable.”

20 Conclusion Mitigate, however Do it right!


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