Company Drug and Alcohol Policies Amanda Sarginson & Steven Williams What is “Fit to Fly” Company Drug and Alcohol Policies Amanda Sarginson & Steven Williams

Hot Topic Sunwing – drunk pilot; 8 months in jail United – drunk pilot; 10 months in jail Spirit Airlines – pilot overdose on fentanyl Germanwings – depressed pilot

Session Overview The meaning of “fitness” Alcohol and drug testing policies How to test What to do now Is new legislation on the horizon?

Changing Landscape Employee drug use – especially medicinal marijuana – is on the rise Health Canada had already predicted a 10-fold growth in the country’s legal marijuana supply industry in the next 10 years, leading to as many as 450,000 medical marijuana users …and that was prior to the Federal Government’s announcement of its plan to legalize marijuana for recreational use!

What is Fitness to Fly? More than just freedom from alcohol/drugs Also includes mental health issues; fatigue

When is there a Duty to Inquire? Train all staff to identify the indicia of substance abuse / mental health issues: Behaviour changes Frequent lateness Physical symptoms (e.g., glassy eyes, slurring speech, smell of alcohol, etc.)

If You Suspect an Employee is Unfit Immediately: Ground them until medically cleared Request written confirmation from their physician, e.g., updated Functional Abilities Form (employer to cover cost) If necessary, order and pay for a full medical evaluation

Alcohol and Drug Testing Policies

Why Implement a Policy Aviation workplaces are safety sensitive Workplace culture of substance abuse Past instances of employee impairment at work Accidents in the workplace Clients that mandate policies Satisfy TC of measures to verify fitness to fly

The Canadian Landscape There is no general law permitting workplace testing Case law informs what testing is allowed: Reasonable cause Post-accident Return to work following abuse Random testing but only if employer can demonstrate general workplace issue with drugs or alcohol

Human Rights and Privacy Considerations Union groups argue privacy for members “balancing of interests” approach is used An employer’s right to a safe workplace An employee’s right to privacy Human rights legislation plays a significant role Does an employee have a disability? Does the duty to accommodate arise?

Template Alcohol and Drug Policy Introduction Guiding Principles Policy Standards Training Searches Substance Abuse Testing Pre-Access Reasonable Cause Post-Incident Random Confidentiality Testing Standards Definitions Appendix A – Alcohol and Drug Testing Procedures

The Mechanics of Testing

How to Test for Alcohol and Drugs Two options: In-house E.g., breathalyzer External testing facility

Testing Facilities by Region Location Testing Facilities YVR CANN/AMM Drug & Alcohol Testing DriverCheck Medical Testing & Assessments Sure Hire Drug & Alcohol Testing Life Labs Ultima Medical Services YZF YXY Fleming Protection

Testing Facilities by Region, cont’d Location Testing Facilities YEG CANN/AMM Drug & Alcohol Testing DriverCheck Medical Testing & Assessments Sure Hire Drug & Alcohol Testing Dynamic Testing Solutions Gerico Testing YOZ Life Labs

Testing Facilities by Region, cont’d Location Testing Facilities YUL CANN/AMM Drug & Alcohol Testing DriverCheck Medical Testing & Assessments Dynamic Testing Solutions

Lessons Learned Lessons from other jurisdictions where marijuana is already legalized The ability to isolate and test for “current” impairment by drugs is limited (e.g., nothing comparable to a breathalyser for alcohol) Results for drug tests can take days to be returned

Next Steps

Take Action Until Transport Canada provides further guidance or implements additional safety measures: If you already have a policy of random testing, continue Ensure zero tolerance and communicate to staff with information on employer’s duty to accommodate Consider random drug and alcohol testing (with or without union support)

Support Employees Courts and tribunals are much more likely to uphold a policy of random drug and alcohol testing if the employer can demonstrate that it offers a robust and comprehensive accommodation policy For employees who fail a random test, consider a policy of: Offering job-protected leaves for the employees to seek treatment Providing income support during treatment

What’s Next: Fit to Fly Workshop Hosted by Transport Canada June 6-7, 2017 in Gatineau, Quebec Registration now open

Questions?

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