Canadian Safety Reporter

3 Canadian HR Reporter, a Thomson Reuters business 2016 News | February 2016 | CSR Worker told to hit the road after drug test refusal Company policy stated refusals would result in discipline including dismissal, but positive test would bring assistance BY JEFFREY R. SMITH AN ALBERTA COMPANY had just cause to dismiss an employee for refusing to take a drug and al- cohol test following a workplace incident as specified by the com- pany's drug and alcohol policy, an adjudicator has ruled. Dallas Mielke was a profes- sional truck operator hauling loads for Entrec Corporation, a heavy haul and lift company based in Bonnyville, Alta. Much of the company's business in- volved moving and lifting large items for clients in the oil and gas industry. Hired in 2010, Mielke had a few instances of discipline on his record, including when he scraped the side of a trailer with a backhoe he was unloading, a minor collision between his and another truck, and an occasion when he was issued a non-com- pliance form for not wearing his safety glasses and not signing on to a safety meeting. The company operated with safety as its "number one core value." It was topmost prior- ity and Entrec believed it should come before production. This priority on safety was part of En- trec's identity and its clients had high expectations, particularly because of the danger inherent to the oil and gas industry. Entrec had to submit its safety statistics to potential clients before bid- ding on jobs. Mielke's position as a truck driver required particular atten- tion to safety, as he often deliv- ered to military bases with strict guidelines and hauled materials with high temperatures or pres- sure. The position was consid- ered safety sensitive and high risk. As part of its attention to safe- ty, Entrec had a drug and alco- hol policy tied to "the Canadian model." Employees were trained in the policy as part of their ori- entation and Entrec kept them informed of it through newslet- ters and regular safety meetings. Mielke signed off on the policy, as all employees were required to do to ensure they were up-to- speed. The policy stipulated that drug and alcohol testing was required for pre-employment screening and where there was reasonable cause, such as after a workplace incident. In particu- lar, the policy required supervi- sors to order an employee "who is involved in an incident, near miss or other potentially dan- gerous occurrence to take an al- cohol and drug test" if there was reasonable grounds to suspect impairment or if there was no credible explanation of the inci- dent. The policy also stated that employees and contractors had the right to refuse to be tested following an incident, but doing so was a violation of the policy and would be "grounds for disci- plinary action, up to and includ- ing dismissal." Company offered assistance to workers who tested positive It was common practice for En- trec that if an employee tested positive, the company would refer her to a substance abuse professional and, if the employ- ee was addicted, the employee could enter a rehabilitation pro- gram. If the employee refused the program, she would be terminat- ed, but otherwise Entrec didn't Credit: Shutterstock Policy > pg. 7

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