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

2. 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

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

4. 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!

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

6. 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.)

7. 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

8. Alcohol and Drug Testing Policies

9. 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

10. 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

11. 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?

12. 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

13. The Mechanics of Testing

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

15. 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

16. 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

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

18. 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

19. Next Steps

20. 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)

21. 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

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

23. Questions?

24. For more information and to sign up for our newsletter, go to: http://aviation.ehlaw.ca/