Cannabis and the Workplace: Safety-Sensitive Roles

On October 17, 2018, the Canadian Government legalized cannabis for recreational use across Canada. Many Canadians celebrated what’s come to be called “National Cannabis Day.” HR professionals and employers whose organizations employ workers in safety-sensitive roles were likely less jubilant.…

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Federal Government Approves Drug Testing System for Roadside Testing

With the legalization of marijuana just around the corner (October 17, 2018), regulators and employers remain concerned about the potential impact cannabis may have on an individual’s ability to work safely in a safety-sensitive environment. To date, the Federal government…

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Legal Review: Suncor’s Random Drug & Alcohol Testing Policy

In 2012, Suncor Inc., a large energy company with substantial operations in the Alberta Oil Sands, introduced a random drug and alcohol testing policy at its operations in Northeastern Alberta. Employees at Suncor’s sites generally worked twelve (12) hour shifts, and operated some…

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Medical Marijuana – Undue hardship in the Context of a Safety Sensitive Workplace

Ontario’s Human Rights Code (the “Code”) protects individuals with disabilities from discrimination in the context of employment. In that regard, the Code requires employers to accommodate individuals with disability-related needs, up to the point of “undue hardship”. Accommodating an employee…

Workers’ Compensation Update: Work-Related Chronic and Traumatic Mental Stress

On January 1, 2018, very significant legal changes were made to Ontario’s workers’ compensation system. Adapting to these changes will require amendments to employment policies, workers’ compensation / occupational health and safety training programs, and return to work accommodations. In…