Purpose statement
The Town of Oakville (Town) is committed to providing and maintaining a safe and healthy work environment. The use of or being under the influence of alcohol, illicit drugs, cannabis, or the misuse of prescription medication can adversely affect job performance, the environment, and the safety of all.This procedure provides a framework for awareness, education, early detection, assessment and treatment, successful recovery, and return to work. All interactions related to this procedure will align with the Town’s policies and procedures related to conduct and accommodation.
Scope
This procedure applies to all Town of Oakville employees and volunteers. It is the responsibility of the Town to ensure affiliates/contractors who are engaged in Town business or working on Town premises (including Town vehicles), including affiliated sites, meet the definition of fitness for duty as outlined in this procedure. Violations of these provisions are grounds for disciplinary action, up to and including termination of employment/appointment/contract.
Procedure
The use of, or being under the influence of, alcohol, illicit drugs, cannabis or the misuse of prescription medication can affect job performance and is prohibited at work. Everyone is expected to report fit for duty at all times and remain fit for duty while on Town business, driving in Town vehicles, on Town premises (including Town vehicles), attending Town social/special events or functions, and when on call. Employees using over the counter or prescription medication, including medical cannabis, should explore the use a safe alternative when available and to consult with their physician or pharmacist any potential side effects. In particular, the employee needs to explain their job functions so that medical advice is given in the right context. Subsequently, employees are required to advise Disability Management of any modified work or accommodations required due to medication use as per the Town’s Accommodation for Employees with Disabilities Procedure. Employees with dependency/addiction issues that could reasonably give rise to workplace impairments are required to disclose to Disability Management that they have an addiction/dependency and are required to seek and complete required treatment.
In compliance with the Ontario Human Rights Code, RSO, 1990, the Town of Oakville is committed to assisting employees in their identification of and obtaining treatment for substance abuse with the goal of employees returning to work in good health and with satisfactory job performance while maintaining a safe environment for colleagues and members of the public.
Alcohol, Drug, and Cannabis Standards
Medications
Employees are expected to responsibly use prescribed and over-the-counter medications. The intentional misuse of medications (e.g. using the medication not as it has been prescribed or directed by the pharmacy, using someone else’s prescription medication, combining medication and alcohol use against direction) resulting in impairment while on Town business or premises (including Town vehicles) is prohibited. Medications of concern are those that inhibit or may inhibit an employee's ability to perform their job safely and productively. The unauthorized possession, distribution and/or offering or sale of prescription medications (trafficking) is prohibited.
Medical Cannabis
Employees requiring workplace accommodation for use of medical cannabis will be required to provide Disability Management with documented written authorization for use of medical cannabis from a qualified medical practitioner. In context of required medical cannabis usage and receipt of associated medical restrictions and/or limitations from the employee’s treating practitioner, the Town will operate under the existing Accommodation for Employees with Disabilities Procedure. Employees are expected to responsibly use authorized medical cannabis in keeping with its medically authorized purpose. The intentional misuse of medical cannabis (e.g. using the medication not as it has been authorized or directed by the pharmacy, using someone else’s prescription medication, combining medication and alcohol use against direction) resulting in impairment while on Town business or premises (including Town vehicles) is prohibited. The unauthorized possession, distribution and/or offering or sale of prescription medications (trafficking) is prohibited.
Recreational Cannabis
The following are prohibited during Town business or while on Town premises (including in Town vehicles):
- the use, distribution, offering or sale of recreational cannabis, or possession of recreational cannabis or associated cannabis usage paraphernalia;
- working under the influence of recreational cannabis;
- any use of recreational cannabis during the workday including during meals and break.
Illicit Drugs
The following are prohibited during Town business or on Town premises (including in Town vehicles):
- working under the influence of illicit drugs;
- the use, possession, distribution, offering, or sale (trafficking) of illicit drugs or illicit drug paraphernalia; and
- presence in the body of illicit drugs while/if an employee is participating in a treatment program condoning such use
Alcohol
The following are prohibited during Town business or while on Town premises (including in Town vehicles):
- the use, distribution, offering or sale of beverage alcohol, or possession of open containers of beverage alcohol
- possession of alcohol except as permitted below
- working under the influence of alcohol
- any use of alcohol during the workday including during meals and breaks
Employees may use alcohol after the work day, for example, when on travel status, at a training event or seminar or in any other similar business-related situation provided: they use alcohol responsibly in compliance with the standards set out above; the use of alcohol does not impede compliance with other Town policies; it does not give rise to inappropriate off-duty conduct; and they are not returning to work, work premises (including operating Town vehicles) or affiliate sites.
Alcohol purchase or consumption is strictly prohibited while wearing Town of Oakville uniforms or clothing with the Town logo. Please refer to the Employee Code of Conduct Policy and related procedures for off-duty expectations.
Possession of alcohol is strictly prohibited on Town premises with the exception of approved social functions and other limited situations as set out by the Town executive management.
Sealed containers may be stored in personal vehicles parked on Town premises, provided the alcohol is locked in the trunk of the vehicle or otherwise appropriately secured. It is not permitted to store sealed alcohol containers in Town vehicles.
Town of Oakville Social/Special Events and Functions
In the case of any Town of Oakville social event, appropriate regard will be taken for the safety and well-being of the individuals present and the community. Responsible alcohol use is permitted at select Town of Oakville sponsored social functions held with the prior approval of the CAO or designate. In these situations, the basic procedure standards must be observed (e.g. no use if returning to work). Consumption of substances which may cause impairment should be controlled so there is no inappropriate behaviour at the function or potential for impaired driving afterwards, and alternative transportation arrangements will be made available.
On Call/Standby Situations
Employees are expected to remain fit for duty in compliance with this procedure when on call. Should an employee find themselves in a situation where they are called in and are not fit for duty, they are required to immediately disclose this to their immediate supervisor who will determine the appropriate follow-up actions required, which may include disciplinary action.
Unexpected Call-In
If unexpected circumstances arise where an off-duty worker is requested to perform unscheduled services while under the influence of alcohol, drugs or cannabis that could impact safe operations, it is the responsibility of that individual to decline the call.
Reporting
All staff have an obligation to immediately report use or suspected use of drugs/alcohol or cannabis in the workplace to their immediate supervisor. The supervisor is then responsible to fill out and submit the “Suspected Substance Use: Fitness for Duty” reporting form immediately following receipt of the complaint.
Definitions
Contractor: refers to any person or entity, including their employees, that has been contracted, sub-contracted, or otherwise engaged to provide services to the Town of Oakville and is not on the payroll. Employee: includes all regular full time, part time, students, temporary, seasonal and contract staff paid by the Town of Oakville
Manager/Supervisor: refers to the management authority over a particular area, or work group.
Student: refers to an individual who is registered either full-time or part-time in a recognized educational institution and who is pursuing a placement or summer employment at the Town of Oakville.
Volunteer: refers to any unpaid individual assigned duties on the Town of Oakville property or events.
Town Business: refers to all business activities undertaken in the course of the Town’s operations, whether conducted on or off Town premises (including Town vehicles).
Town Premises: includes but is not necessarily restricted to all land, facilities, affiliated sites, mobile equipment and vehicles owned, leased, rented or otherwise directly controlled by the Town for the purpose of conducting Town business.
Drug: means any substance, (including alcohol, illicit drugs, medications, solvents and inhalants) the use of which has the potential to change or adversely affect the way a person thinks, feels, or acts. For purposes of this procedure, drugs of concern are those that inhibit an individual’s ability to perform their job safely and productively.
Alcohol: means the intoxicating agent in beverage alcohol including and not limited to beer, wine, and distilled spirits.
Illicit drug: means any drug or substance which is not legally obtainable and whose use, sale, possession, purchase or transfer is restricted or prohibited by law.
Medical Cannabis: cannabis use authorized by a qualified medical practitioner
Recreational Cannabis: the use of cannabis outside of medically authorized use. Recreational cannabis is strictly prohibited in the workplace (by federal and provincial laws).
Medication: refers to a drug which may be obtained legally, either over-the-counter or through a prescription.
Solvents and Inhalants: refers to chemical vapours or gases that produce a mood altering effect when they are breathed in. Most of the substances used as inhalants, such as glue, gasoline, cleaning solvents and aerosols, have legitimate everyday uses and are not meant for human consumption.
Fitness for Work/Duty: in the context of this procedure means being able to safely and acceptably perform assigned duties in accordance with established performance standards without limitations due to the use or after-effects of alcohol, illicit drugs, medications, solvents, inhalants and cannabis.
Impaired: means the inability to perform job duties in a safe and competent manner resulting from the influence of fatigue or any other cause, substance or matter, including but not limited to drugs and alcohol.
Responsibilities
All Staff
- Be knowledgeable about this procedure;
- Attend work fit for duty and free from impairment;
- Investigate (through their treating practitioner or pharmacist) whether a medication can affect their ability to work safely and inform their supervisor/manager for appropriate follow up;
- Notify the employer where accommodation is necessary
- Employees with dependency/addiction issues that give rise to workplace impairment are required to disclose to Disability Management that they have an addiction/dependency and are required to seek and complete required treatment
- Recognize and seek assistance with problems related to drug/alcohol/cannabis use
- Follow through with recommendations for assessment and treatment and actively participate in return-to-work programs
- Immediately report use or suspected use of drugs/alcohol or cannabis in the workplace
- Co-operate with an investigation into a violation of this procedure.
Senior Leaders/Managers/Supervisors
- Be knowledgeable about this procedure
- Ensure that employees are aware of this procedure
- Guide employees who seek assistance for dependency/addiction to appropriate resources (e.g. Disability Management, Employee Assistance Program, etc.)
- Remove an individual (employee, contract worker, affiliate, student or volunteer) from the work setting whom they believe is in violation of the procedure and notify the individual’s supervisor; take extra care and caution to ensure staff returns home safely.
- Work collaboratively with Human Resources to investigate any violation of this procedure, including situations where an individual appears to be unfit to perform their duties
- Immediately contact Disability Management where an employee who is at work
- Complete the “Suspected Substance Abuse: Fitness for Duty” Reporting form immediately following receipt of such concern.
- Engage law enforcement as deemed appropriate
- Support employees in their work accommodation and return to work programs
Human Resources/ Disability Management
- Provide guidance and assistance to staff and management in dealing with issues, non-compliance, and associated reporting in relation to this procedure
- Consistently administer the procedure
- Resolve any questions of interpretation.
- Support managers and supervisors to meet their responsibilities.
- Support and assist any employee who seeks assistance for dependency/addiction.
- Assist manager/supervisors in the investigation and determination of need for disciplinary action as it relates to this procedure.
- Develop pretreatment and return to work plans in consultation with third party adjudicators as appropriate.
- Support the management and facilitation of return-to-work plans and accommodation needs