Canadian Human Rights Commission Policy on Alcohol and Drug TestingEssay Preview: Canadian Human Rights Commission Policy on Alcohol and Drug TestingReport this essayCANADIAN HUMAN RIGHTS COMMISSION POLICY ON ALCOHOL AND DRUG TESTINGSummaryThe Canadian Human Rights Act prohibits discrimination on the basis of disability and perceived disability. Disability includes those with a previous or existing dependence on alcohol or a drug. Perceived disability may include an employers perception that a persons use of alcohol or drugs makes him or her unfit to work.
Because they cannot be established as bona fide occupational requirements, the following types of testing are not acceptable:Pre-employment drug testingPre-employment alcohol testingRandom drug testingRandom alcohol testing of employees in non-safety-sensitive positions.The following types of testing may be included in a workplace drug- and alcohol-testing program, but only if an employer can demonstrate that they are BONA FIDE OCCUPATIONAL REQUIREMENTS:
RANDOM ALCOHOL TESTING OF EMPLOYEES IN SAFETY SENSITIVE POSITIONS:Alcohol testing has been found to be a reasonable requirement because alcohol testing can indicate actual impairment of ability to perform or fulfill the essential duties or requirements of the job. Random drug testing is prohibited because, given its technical limitations, drug testing can only detect the presence of drugs and not if or when an employee may have been impaired by drug use.
DRUG OR ALCOHOL TESTINIG FOR REASONABLE CAUSE OR POST-ACCIDENT:where there are reasonable grounds to believe there is an underlying problem of substance abuse or where an accident has occurred due to impairment from drugs or alcohol, provided that testing is a part of a broader program of medical assessment, monitoring and support.
PERIODIC OR RANDOM TESTING FOLLOWING DISCLOSURE OF A CURRENT DRUG OR ALCOHOL DEPENDENC /ABUSE PROBLEMmay be acceptable if tailored to individual circumstances and as part of a broader program of monitoring and support. Usually, a designated rehabilitation provider will determine whether follow-up testing is necessary for a particular individual.
MANDATORY DISCLOSURE OF PRESENT OR PAST ALCOHOL DEPENDENCY/ABUSE:may be permissible for employees holding safety-sensitive positions, within certain limits, and in concert with accommodation measures. Generally, employees not in safety-sensitive positions should not be required to disclose past alcohol or drug problems.
Under these limited circumstances where testing is justified, employees who test positive must be accommodated to the point of undue hardship. The Canadian Human Rights Act requires individualized or personalized accommodation measures. Policies that result in the employees automatic loss of employment, reassignment, or that impose inflexible reinstatement conditions without regard for personal circumstances are unlikely to meet this requirement. Accommodation should include the necessary support to permit the employee to undergo treatment or a rehabilitation program, and consideration of sanctions less severe than dismissal.
The employer will be relieved of the duty to accommodate the individual needs of the alcohol- or drug-dependent employee only if the employer can show that:
the cost of accommodation would alter the nature or affect the viability of the enterprise, ORnotwithstanding the accommodation efforts, health or safety risks to workers or members of the public are so serious that they outweigh the benefits of providing individualized accommodation or consideration to a worker with an addiction or dependency problem.
Cross-Border Trucking and BusingFor companies that drive exclusively or predominantly between Canada and the U.S., not being banned from driving in the U.S. may be a bona fide occupational requirement, provided there is evidence that the continued employment of banned drivers would constitute an undue hardship to the employer.
Drivers denied employment opportunities or who face disciplinary or other discriminatory employment consequences in Canada as a result of the imposition of the U.S. rules have a right to file a complaint with the Canadian Human Rights Commission on the ground of real or perceived disability. Drivers who test positive must be professionally assessed and must be accommodated by their employer in accordance with Canadian law and jurisprudence. Accommodation might include alternative employment within the company, and/or treatment and rehabilitation. After treatment and rehabilitation, drivers could be reassigned to Canada-only routes, unless doing so would constitute an undue hardship to the employer.
The Canadian Driver Appreciation and Membership Association (CDAL) works closely with employers to ensure that drivers are given the opportunity to enjoy their new role by working hard and with confidence in the direction they are taking. It is our mission to ensure that our members follow these rules, as it is our goal to create Canadian jobs. You can learn more about our work in Canada on the website of the Canadian Driver Appreciation and Membership Association at dmca.org.ca.
You can view an FAQs page for the CDAL on its website.
The Canadian Human Rights Commission (CCHR) advises employers against discriminating against and retaliating against drivers. It also states that the CRA’s process for providing driver recognition is designed to avoid discrimination, and it makes it very easy to ensure a consistent position is received by drivers at work. However, we believe that the government of Canada was very clear and unambiguous that discrimination is not treated differently in the employer and, therefore, you may be required to meet certain specific screening requirements before employment. Further, the Canadian Human Rights Commission also notes that some employers may not be able to fully engage in the discrimination discussed in this section, which has impact on the Canadian Driver Assistance Programme (DRAP). We encourage your continued engagement in the DRAP to support the program as it develops.
The following regulations will help Canadian drivers meet the following criteria:
The employer must meet: The employer must provide a valid driver identification card and drivers’ marks were recorded on the driver’s statement of employment, and were accompanied by information on, where and how to report the driver, to a police officer or employment agent who investigates complaints and reports incidents of impaired driving. The employer must carry out reasonable safety and security precautions, including being licensed as a driver and working with the employer in an appropriate environment, which are consistent with the laws and regulations in effect in Canada. All drivers should wear appropriate driver identification and marks when in an office, and are to be well-trained and familiar with the safety requirements of the Canadian Driver Assistance Program (DRAP). Drivers should carry out work as if the employer was in a regular workplace, and have an appropriate number of employees and work experience which reflects that. The employer must be in safe and professional form and maintain an approved working environment.
All drivers must carry out work at all times, where the employer’s presence is obvious and necessary that the safety of all workers be respected, that the risk of injury is minimal, that the driver is well-equipped to carry out a job in a particular workplace, and that the drivers are competent and have been trained to deal professionally with workplace hazards. To ensure that such
In Canada, driver or employer has a right to file a complaint. You have a right to receive support from competent human rights lawyers and their professionals. Complain to and meet with a competent human rights lawyer for any questions regarding your rights and any actions or omissions. There is no requirement for a complaint to take place in court. When you file a complaint with this office (as defined below) ask any of the following questions in writing:
What is the job that you’ve worked for(s)? What is your name and your position? What do you look like, and how often do you work?
What is your job’s security.
What are your personal and financial assets?
What are your financial obligations to your children (including your children’s immediate family) and to the family with whom you live?
What are your financial assets (if any). If you use the Canadian social security number of a person for any reason, your right to complain about or face possible disciplinary or other discrimination, including discrimination in employment, could be considered.
You should also check with your Employer on the status of your Driver’s Insurance status.
As a Canadian citizen, the Department of Statistics Canada investigates, and is charged with enforcing Canada’s policies through its enforcement actions. This information can be obtained by contacting the Department at: Statistics Canada Information: Division of Employment, Human Resources & Social Development
How do I register to become an American citizen in Canada?
You should complete the Canadian Citizenship and Immigration Application within twelve months of becoming Canadian citizen and to the relevant Canadian official status office (in all cases, the office you call is the one that makes this entry). This application will include a detailed information about you, your status and eligibility to enter Canada, your employment status, your right to receive and file complaints and other information.
Applicants interested in applying for a driver’s license or other Canadian passport to gain entry to Canada should contact your Canadian national office to inquire about applying as a driver in Canada or to contact your Canadian national office to inquire about applying in Canada.
If you’re a Canadian citizen but do not have a driver’s license issued in Canada, please check to see if an applicant has been issued an Immigration (Canada) Card.
A driver’s license issued in Canada is not required for permanent residence in Canada. However, for non-Canadian citizens, it may be eligible for permanent residency or in some cases, temporary issuance. For more information, refer to the Permanent Status of the Non-Canadian Citizen (PMS) Immigration Card.
The Department of Citizenship and Immigration and Program for Canada provides the following information.
The applicant is required by law to register to become a Canadian citizen in Canada. While not a citizen or permanent resident, those
In Canada, driver or employer has a right to file a complaint. You have a right to receive support from competent human rights lawyers and their professionals. Complain to and meet with a competent human rights lawyer for any questions regarding your rights and any actions or omissions. There is no requirement for a complaint to take place in court. When you file a complaint with this office (as defined below) ask any of the following questions in writing:
What is the job that you’ve worked for(s)? What is your name and your position? What do you look like, and how often do you work?
What is your job’s security.
What are your personal and financial assets?
What are your financial obligations to your children (including your children’s immediate family) and to the family with whom you live?
What are your financial assets (if any). If you use the Canadian social security number of a person for any reason, your right to complain about or face possible disciplinary or other discrimination, including discrimination in employment, could be considered.
You should also check with your Employer on the status of your Driver’s Insurance status.
As a Canadian citizen, the Department of Statistics Canada investigates, and is charged with enforcing Canada’s policies through its enforcement actions. This information can be obtained by contacting the Department at: Statistics Canada Information: Division of Employment, Human Resources & Social Development
How do I register to become an American citizen in Canada?
You should complete the Canadian Citizenship and Immigration Application within twelve months of becoming Canadian citizen and to the relevant Canadian official status office (in all cases, the office you call is the one that makes this entry). This application will include a detailed information about you, your status and eligibility to enter Canada, your employment status, your right to receive and file complaints and other information.
Applicants interested in applying for a driver’s license or other Canadian passport to gain entry to Canada should contact your Canadian national office to inquire about applying as a driver in Canada or to contact your Canadian national office to inquire about applying in Canada.
If you’re a Canadian citizen but do not have a driver’s license issued in Canada, please check to see if an applicant has been issued an Immigration (Canada) Card.
A driver’s license issued in Canada is not required for permanent residence in Canada. However, for non-Canadian citizens, it may be eligible for permanent residency or in some cases, temporary issuance. For more information, refer to the Permanent Status of the Non-Canadian Citizen (PMS) Immigration Card.
The Department of Citizenship and Immigration and Program for Canada provides the following information.
The applicant is required by law to register to become a Canadian citizen in Canada. While not a citizen or permanent resident, those
In Canada, driver or employer has a right to file a complaint. You have a right to receive support from competent human rights lawyers and their professionals. Complain to and meet with a competent human rights lawyer for any questions regarding your rights and any actions or omissions. There is no requirement for a complaint to take place in court. When you file a complaint with this office (as defined below) ask any of the following questions in writing:
What is the job that you’ve worked for(s)? What is your name and your position? What do you look like, and how often do you work?
What is your job’s security.
What are your personal and financial assets?
What are your financial obligations to your children (including your children’s immediate family) and to the family with whom you live?
What are your financial assets (if any). If you use the Canadian social security number of a person for any reason, your right to complain about or face possible disciplinary or other discrimination, including discrimination in employment, could be considered.
You should also check with your Employer on the status of your Driver’s Insurance status.
As a Canadian citizen, the Department of Statistics Canada investigates, and is charged with enforcing Canada’s policies through its enforcement actions. This information can be obtained by contacting the Department at: Statistics Canada Information: Division of Employment, Human Resources & Social Development
How do I register to become an American citizen in Canada?
You should complete the Canadian Citizenship and Immigration Application within twelve months of becoming Canadian citizen and to the relevant Canadian official status office (in all cases, the office you call is the one that makes this entry). This application will include a detailed information about you, your status and eligibility to enter Canada, your employment status, your right to receive and file complaints and other information.
Applicants interested in applying for a driver’s license or other Canadian passport to gain entry to Canada should contact your Canadian national office to inquire about applying as a driver in Canada or to contact your Canadian national office to inquire about applying in Canada.
If you’re a Canadian citizen but do not have a driver’s license issued in Canada, please check to see if an applicant has been issued an Immigration (Canada) Card.
A driver’s license issued in Canada is not required for permanent residence in Canada. However, for non-Canadian citizens, it may be eligible for permanent residency or in some cases, temporary issuance. For more information, refer to the Permanent Status of the Non-Canadian Citizen (PMS) Immigration Card.
The Department of Citizenship and Immigration and Program for Canada provides the following information.
The applicant is required by law to register to become a Canadian citizen in Canada. While not a citizen or permanent resident, those
IntroductionThe Canadian Human Rights Commission recognizes that inappropriate use of alcohol or drugs can have serious adverse effects on a persons health, safety and job performance. Safety is a prime consideration for employees and employers; however the need to ensure safety must be balanced against the requirement that employees not be discriminated against on the basis of a prohibited ground of discrimination. Workplace rules and standards must have a demonstrable relationship to job safety and performance otherwise they can violate an employees human rights.
The Canadian Human Rights Commission views drug testing generally as not acceptable, because it does not assess the effect of drug use on performance. Available drug tests do not measure impairment, how much was used or when it was used. They can only accurately determine past drug exposure. Therefore, a drug test is not a reliable means of determining whether a person is Ж or is not Ж capable of performing the essential requirements or duties of their position. However, alcohol testing may be acceptable in some cases, because a properly administered breathalyser is a minimally intrusive and accurate measure of both consumption of alcohol and actual impairment.
If impairment from substance abuse is a concern in the workplace, an employer should focus on ways of identifying potential safety risks and remedying them, rather than punishing. The most effective ways of ensuring that performance issues associated with alcohol and drug use are detected and resolved are through awareness, education, effective interventions and rehabilitation. An employer should consider adopting comprehensive