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Drug and alcohol policy: A complete guide for Canadian employers

Published

Drug and alcohol policy: A complete guide for Canadian employers

Published

In Canada, a drug and alcohol policy is vital for employers to ensure workplace safety and legal compliance. It sets clear expectations for employees regarding substance use, addressing new challenges like impairment and remote work. Although not mandated, having a clear policy not only protects your business from legal risks but also fosters a safer, more productive environment for your employees.

Drug and alcohol policy template preview.

What is a drug and alcohol policy?

A drug and alcohol policy is a document that clearly outlines a company’s rules and expectations regarding substance use. This includes, but is not limited to, alcohol, recreational drugs and even prescription and over-the-counter medications. The goal is to prevent impairment that could put employees and the public at risk.

You might also see this called a workplace impairment policy or a substance abuse policy. No matter the name, the core purpose is the same: to ensure employees are “fit for duty” and capable of performing their jobs safely and effectively. 

Key elements to include in your policy 

A robust policy must be clear, detailed and legally sound. When creating your policy, ensure it clearly outlines the following:

Element 

What it should contain

Purpose and scope 

Explain why the policy exists and who it applies to. This should cover all employees, contractors and visitors, whether they’re working on-site or remotely. 

Definitions

Impairment: When an individual’s ability to perform their job safely is affected by a substance.

Safety-sensitive duties: Roles where impairment could cause a serious incident, such as operating heavy machinery or driving a company vehicle.

Fit for duty: Being in a physical and mental state to perform all job duties safely and effectively. 

Rules & prohibited conduct

This is the core of your policy. Clearly state what is not allowed, such as using or possessing substances at work or being impaired while on duty.

Reporting and disclosure

Outline the employee’s responsibility to report any impairment or use of prescription medication that could affect their ability to perform their job safely.

Testing procedures

If drug or alcohol testing is necessary for your workplace, specify the circumstances under which it can occur. This might include pre-employment, post-incident, or for safety-sensitive roles.

Support and rehabilitation

Provide information on resources available to employees struggling with substance use, such as an Employee Assistance Program (EAP). This section should also outline a process for returning to work after treatment.

Disciplinary measures

Clearly state the consequences for violating the policy, which can range from a formal warning to termination. Be sure these measures are applied consistently and fairly. 

Accommodation procedures

Address how you will handle situations where an employee’s substance dependence is a recognized disability. This requires a process to accommodate them in line with human rights legislation.

How to create a drug and alcohol policy in Canada 

Creating an alcohol and drug policy can seem daunting, but by following a structured approach, you can build one that protects your workplace.

  1. Identify applicable laws: Research federal and provincial laws that apply to your industry and geography. 
  2. Assess workplace risks: Evaluate your workplace to identify safety-sensitive roles. This will help you determine the appropriate level of detail and testing protocols for your policy.
  3. Define prohibited behaviours: Clearly state the rules, such as zero tolerance for impairment on the job.
  4. Decide on testing protocols: If testing is necessary for safety reasons, establish clear, consistent, and legally compliant procedures.
  5. Develop reporting and accommodation processes: Create a clear path for employees to report concerns and for the company to provide support.
  6. Draft, review and refine: Draft the policy and have it reviewed by legal and HR experts to ensure it complies with all relevant Canadian laws.
  7. Communicate and train: Roll out the policy to your employees, explain its purpose and provide training to ensure everyone understands their obligations.

Free drug and alcohol policy template (Canada)

Here’s a preview of the letter template you can download and customize based on your requirements:

Drug and alcohol policy template preview.

Canadian legal considerations

Understanding the legal landscape is crucial for creating an effective policy.

Federal framework

All policies must comply with federal laws, including the Occupational Health and Safety Act, the Canada Labour Code and the Canadian Human Rights Act. These laws protect employees and ensure policies are not discriminatory.

Follow Provincial rules

Make sure your policy aligns with your Province’s laws. In Ontario, for example, employers can prohibit the use of substances in the workplace as well as smoking and vaping in enclosed spaces. Certain workplaces with a risk of opioid overdose must have naloxone kits.

Safety-sensitive positions

For roles where an employee’s impairment could lead to serious harm, courts and arbitrators in Canada have allowed for more stringent testing, such as random drug and alcohol testing. However, this is only permissible under very specific circumstances and must be a last resort.

Best practices for policy implementation

  • Integrate into onboarding: Introduce the policy to all new hires and have them sign an acknowledgment form.
  • Regular reviews: Review and update your policy annually to reflect changes in laws, workplace trends or new technologies.
  • Safeguard confidentiality: Ensure all information regarding an employee’s substance use or rehabilitation is kept strictly confidential.

Creating a comprehensive drug and alcohol policy is essential for any Canadian business. It not only protects your employees but also safeguards your company against legal and financial risks.

By customizing a policy template such as the one provided here, you can build a policy that fits your unique workplace, ensuring it is both legally compliant and supportive of your employees’ well-being.

Frequently asked questions about workplace drug and alcohol policies

The template available for download on this page is a great example of a policy designed for Canadian workplaces.

Yes, but under very strict circumstances. It is generally only permissible for employees in safety-sensitive positions and often only after an incident or when there is reasonable cause to believe they are impaired.

The same principles apply. A policy should state that employees cannot be impaired while performing any work duties, whether at home or in the office.

While it’s not legally mandated for all employers, it is a crucial tool for meeting your legal duty to provide a safe workplace.

Download the Drug and Alcohol Policy Template

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