Canadian Safety Reporter

AUGUST 2013 Some testing may be OK www.safety-reporter.com Continued from page 2 In the usual case, an employer will need to show something more than just the inherent safety risks in the workplace. The majority's reasons strongly suggest the "enhanced safety risks" will typically relate to a sufficiently serious drug or alcohol problem in the workplace. The majority did leave open the possibility that the nature of some workplaces may permit random testing based on the inherent danger in the workplace itself, but also suggested that this would only occur in "extreme circumstances." In terms of non-unionized workplaces, the implications of the Irving decision are less clear. At the outset of its reasons, the majority found the principles applied under human rights statutes to testing in non-unionized workplaces did not provide much assistance for the analysis undertaken by arbitra- tors in unionized workplaces which involves balancing competing privacy and safety interests. Since many of the non-union cases have arisen under human rights legislation, they entail an analysis of whether a policy is discriminatory, typically on the basis of disability. The question of whether such policies are discriminatory is not entirely settled in light of case law developments. What remains to be seen is whether the analytical framework applied in the unionized context will begin to be applied more regularly in the non-union context in an attempt to develop a more consistent analytical approach to testing. Kathryn Bird is an associate lawyer with Hicks Morley in Toronto. She can be reached at (416) 864-7353 or kathryn-bird@hicksmorley.com. Less stress, better business Continued from page 7 pression. Organizational culture, which refers to the unwritten rules and corporate norms that proclaim what is valued in an organization, plays a pivotal role in affecting change to reduce stress and thus improve employee mental health. It is also a determining factor in worklife balance and absenteeism rates where there is clear evidence both are interconnected. The Carleton University study notes employees reported work-life issues have negatively impacted the amount of sleep they get and their energy levels. In the past decade, those absent due to emotional and mental fatigue have increased 12 per cent (absent approximately eight days in 2011). Positive changes to the organizational culture will help bring personal benefits to workers and their families. This pertains to not only stress and depression, but also issues surrounding worklife balance. In addition to these social benefits, healthier workplaces also bring major financial benefits to organizations. For employers, the business value of a less 8 stressed worker is reflected in an organization's bottom line. The financial costs associated with stress are staggering, with Statistics Canada reporting in 2012 that the cost of work time lost to stress is $12 billion annually. This supports the argument that a more mentally healthy workplace is essential. The path to arresting rates of stress and depression will only be found when employers actively pursue the reduction of high stress levels. By utilizing the aforementioned steps to alleviate stress and depression, availing of the resources through professional organizations experienced in this field and maintaining a sounder organizational culture, a healthier work environment can be achieved. These changes will also make it easier for workers to balance work and life demands and substantially help to foster employee well-being. Bernard Kenny is studying occupational health and safety at the College of the North Atlantic in Cornerbrook, N.L. This article won him the CCOHS Dick Martin Scholarship, which is an annual national award for OHS students. Canadian HR Reporter, a Thomson Reuters business 2013 Published 12 times a year by Thomson Reuters Canada Ltd. Subscription rate: $99 per year Customer Service Tel: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5106 E-mail: carswell.customerrelations @thomsonreuters.com Website: www.carswell.com One Corporate Plaza 2075 Kennedy Road, Toronto, Ontario, Canada M1T 3V4 Publisher: John Hobel Managing Editor: Todd Humber Editor: Zachary Pedersen zachary.pedersen@thomsonreuters.com (416) 649-9584 Marketing Manager: Mohammad Ali mm.ali@thomsonreuters.com (416) 609-5866 Circulation Co-ordinator: Travis Chan travis.chan@thomsonreuters.com (416) 609-5872 ©2013 Thomson Reuters Canada Ltd/ ISBN/ISSN: 978-0-7798-2810-4 All rights reserved. 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