Chapter 6 Reasonable Suspicion Guidelines...Corporate Safety Manual Chapter 6 - Reasonable Suspicion...

Corporate Safety Manual

Chapter 6

Reasonable Suspicion Guidelines

Last updated: May 2020

Corporate Safety Manual Chapter 6 - Reasonable Suspicion Guidelines

6 - 2 Workplace Health & Safety Branch

Chapter 6: Reasonable Suspicion Guidelines

Contents 1.0 PROHIBITED USE OF CONTROLLED SUBSTANCES .................................................................. 6-2

2.0 PROHIBITED USE OF ALCOHOL ............................................................................................... 6-3

3.0 SAFETY-SENSITIVE FUNCTIONS .............................................................................................. 6-4

4.0 NON-SAFETY-SENSITIVE FUNCTIONS ..................................................................................... 6-4

5.0 SCOPE ..................................................................................................................................... 6-4

6.0 GUIDELINE EVALUATION ........................................................................................................ 6-5

7.0 PREVENTION .......................................................................................................................... 6-5

8.0 MEDICAL CANNABIS & RECREATIONAL MARIJUANA ............................................................. 6-7

9.0 ACCOMMODATION .............................................................................................................. 6-10

10.0 EMPLOYEE ACCEPTANCE OF TERMS .................................................................................... 6-11

11.0 POST ACCIDENT / INCIDENT TESTING .................................................................................. 6-14

3.0 RETURN-TO-WORK TESTING ................................................................................................ 6-15

4.0 FOLLOW-UP TESTING ........................................................................................................... 6-15

2.0 TEST PROCEDURE FOR SUBSTANCE TESTING ....................................................................... 6-16

3.0 MEDICAL CONSULTANT (MC) ............................................................................................... 6-18

4.0 CONFIDENTIALITY ................................................................................................................. 6-18

2.0 INFORMATION, TRAINING, REFERRAL AND REHABILITATION ............................................. 6-19

3.0 ROLES & RESPONSIBILITIES .................................................................................................. 6-19

V. GLOSSARY OF TERMS ............................................................................................................... 6-23

References ........................................................................................................................................... 6-28

APPENDIX 1 ALCOHOL AND SUBSTANCE ABUSE POLICY ACKNOWLEDGEMENT FORM ...................... 6-29

APPENDIX 2 EMPLOYEE AGREEMENT/CONSENT TO ALCOHOL/DRUG TESTING ................................ 6-30

APPENDIX 3 EMPLOYEE AGREEMENT/CONSENT TO RETURN TO WORK/TESTING ............................. 6-31

APPENDIX 4 REASONABLE SUSPICION INCIDENT/EVENT CONTACT PROCEDURE ............................... 6-32

APPENDIX 5 REASONABLE SUSPICION GUIDELINE .............................................................................. 6-35

APPENDIX 6 REASONABLE SUSPICION GUIDELINES FREQUENTLY ASKED QUESTIONS ....................... 6-37

APPENDIX 7 REASONABLE SUSPICION OBSERVATION CHECKLIST ....................................................... 6-45



A. STATEMENT OF POLICY

The City of Regina is committed to providing a healthy and safe workplace. The inappropriate use of unauthorized, prohibited, illegal or controlled substances, including alcohol, drugs, medical cannabis or other illegal or restricted chemicals (thereinafter collectively referred to as “substances”) compromises the health and safety of Employees, the public and the environment, as well as, the security of City operations. The City of Regina is under a legal obligation to ensure health and safety in the workplace, which includes taking appropriate measures to prevent workplace accidents arising from the inappropriate use of alcohol and other substances. This legal duty arises from the Occupational Health & Safety Regulations 1996, which places responsibilities on Employers to be duly diligent of preventing accidents by controlling work hazards in safety-sensitive and non-safety sensitive positions.

While the organization has no intention of intruding into private lives, Employees are expected to be in a condition (fit for work) to perform their duties safely, throughout their workday. The use of alcohol or drugs (including prescription drugs), whether off-the-job or on-the-job, in a manner that affects an Employee’s ability to perform his or her job duties, will have an impact on the workplace and our ability to accomplish our goal of a safe work environment, free from the effects of alcohol and drug abuse. This in turn can also negatively impact other Employees, members of the public and the environment; therefore, appropriate measures are necessary to ensure the health and safety and successful conduct of our corporate business. In addition to achieving a drug and alcohol-free workplace, it is our commitment to preserve the privacy and personal dignity of every Employee.

The City of Regina recognizes that alcohol or substance use dependency is a treatable condition

and that early intervention in addition to compliance measures greatly improves the probability of

sustainable recovery. Ultimately, the intent of this program is one of prevention. The City of

Regina encourages Employees who have a substance abuse problem to seek assistance

in treating their substance use dependencies through rehabilitation.

1.0 PROHIBITED USE OF CONTROLLED SUBSTANCES

Employees shall not engage in activities that would contradict the goals of this guideline. All Employees are expected to be fit for duty and in a condition to carry out safety-sensitive and non-safety sensitive functions. The consumption, manufacture, possession, distribution, promotion, purchase, sale, transportation, concealment, transfer or storage of controlled substances and/or substance-related paraphernalia while performing City “work” is strictly prohibited. Using or being under the influence of drugs, such as opiates, opium derivatives, hallucinogenic substances, depressants, stimulants, and other substances listed in the Controlled Drugs and Substances Act while on duty, is strictly prohibited except under the instructions of a Physician and provided that such use or influence does not affect the Employee's ability to perform his or her job. With respect to over-the-counter or prescription medications, Employees are expected to investigate, through their Physician or Pharmacist, whether a medication can affect safe operation, and to take appropriate steps to minimize associated risks, including notifying their Manager/Supervisor if the medication could affect the safe performance of their duties.

Any violations of this Guideline will result in immediate removal from performing safety- sensitive functions and may result in an immediate Medical Leave of Absence pending assessment, and/or may be subject to the City of Regina Corrective Discipline Policy.

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Workplace Health & Safety Branch

Human Resources Department

Impairment means any of the Employee’s senses (i.e. sight, hearing, etc.), physical abilities (balance, reaction-time, reflex) and/or cognition (decision making/judgement), is or may be presumed diminished in function or ability (lacking full functional integrity); more specifically when an Employee is unable to function normally or safely because of impairment by alcohol or drugs. Any Employee using or taking a substance for medical reasons (i.e. Medical Cannabis) that may affect the Employee’s ability to perform their job safely, must immediately disclose that information to the Employee’s Manager/Supervisor. The Employee’s duties may be modified depending on the effect the medication has on the Employee. When the Employee is taking a substance for medical reasons, and the Manager/Supervisor is unsure or cannot agree upon appropriate health and safety measures, they shall seek guidance from the Human Resources Representative - Employee Health & Wellness.

Employees are required to manage potential impairment during working hours due to the legitimate use of medications. The following substance categories have been associated with performance impairment (motor skills, balance, memory, judgement, etc.) and are provided as a guideline to Employees in assessing their own situations:

• Antihistamines – prescribed for hay fever and other allergies (i.e.: Chlor-Triplon, Dimetane).

• Motion sickness drugs – prescribed to prevent motion sickness and nausea (i.e.: Gravol, Antivert).

• Barbiturates, prescribed as a sedative, hypnotics, tranquilizer, or antidepressants - (i.e.: Phenobarbitol, Valium, Halcion, Librium, Elavil, Anafranil).

• Narcotics – prescribed for pain management (i.e.: Demerol, Codeine).

• Stimulants – prescribed for central nervous system stimulation and for appetite suppression, which can produce sensations of well-being, also can have an adverse effect on judgment, mood and behaviour (i.e.: amphetamines or medications sold as "diet pills".)

• Anticonvulsants – prescribed to control epileptic seizures and can cause drowsiness in some patients (i.e.: Dilantin.)

• Analgesics – prescribed for pain management (i.e.: Darvon, Indocid.)

• Cold tablets and cough mixtures – prescribed for colds and coughs (i.e.: Sinutab, Contac, Triaminic, Tussionex and preparations containing dextromethorphan (DM) or codeine.)

• Muscle relaxants – prescribed as a muscle relaxant (i.e.: Flexeril, Robaxisal.)

• Medical Cannabis (Marijuana) – prescribed for pain management and relaxation.

The above list is not exhaustive. There are numerous other over-the-counter and prescription substances, which when taken, may have a negative impact on performance (motor skills, balance, memory, judgement, etc.)

2.0 PROHIBITED USE OF ALCOHOL

Employees shall not report for duty or remain on duty while having a blood alcohol concentration (hereinafter referred to as an “alcohol concentration”) of 0.04% or greater.

An Employee who is tested and found to have an alcohol concentration of 0.04% or greater, will be subject to an immediate Leave of Absence without pay pending a further assessment with a Substance Abuse Professional (SAP) and may be subject to the City of Regina Corrective Discipline Policy.



An Employee who is tested and found to have alcohol concentration of less than 0.04%, but greater than or equal to 0.02%, will immediately be removed from the work place until at least the start of the Employee’s next regularly scheduled duty, and in the case not less than 24 hours following administration of the test, and will not be subjected to any further disciplinary action. An Employee who is tested and is less than 0.02% will be immediately returned to work with no disciplinary action. Please note there is zero tolerance for all Firefighters regarding blood alcohol content.

City Employee’s shall not consume, possess, distribute, offer or sell alcoholic beverages while on duty or (whether on or off City premises or while operating a commercial vehicle owned, leased, used or controlled by the City entity). No Employee shall perform safety- sensitive functions within six hours after using alcohol.

Any violation of this guideline will result in the immediate removal from performing safety- sensitive and non-safety sensitive functions, may result in an immediate removal from work pending investigation and may be subject to the City of Regina Corrective Discipline Policy.

3.0 SAFETY-SENSITIVE FUNCTIONS

A safety-sensitive position is any position where impaired performance (cognitive, physical, emotional), impaired motor skills, or lack of judgement, could result in a significant incident affecting the health and safety of employees, customers, contractors, the public, equipment, property or the environment, and includes those persons in supervisory or managerial positions who either oversee Employees in safety-sensitive positions, or who are responsible for or actually perform the same duties as Employees in safety-sensitive positions. Positions which do not include duties that are safety-sensitive, but which require the Employee to regularly cross paths with moving machinery and equipment, are also considered to be safety-sensitive positions.

Safety-sensitive functions for Employees of the City of Regina are defined as functions performed by those in safety-sensitive positions while on duty, which means from the time an Employee is required to be in readiness to work until he/she is relieved from work and all responsibility for performing work.

4.0 NON-SAFETY-SENSITIVE FUNCTIONS

A non-safety-sensitive job is one in which incapacity due to drug or alcohol impairment will not result in direct and/or significant risk of injury to the Employee, others (ie public, contractors, etc), property, equipment or the environment. Whether a job can be categorized as non-safety-sensitive must be considered within the context of the type of work performed and the applicable environment.

5.0 SCOPE

Existing Employees/Workers: All persons who are City of Regina Employees (Permanent, Casual, Term etc) as of the effective date of this Guideline are subject to the terms and conditions of this Guideline.

Contractors/Sub-Contractors: The prohibitions stated in this Guideline also apply to all contractors/sub-contractor employees working on behalf of the organization.

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In order to minimize the risk of unsafe and unsatisfactory performance due to the use of alcohol or other substances, and in support of a responsible approach to alcohol and other substance use, the City of Regina prohibits the following while on City business or premises:

• Being unfit for work because of alcohol or other substance use;

• Possessing, using, distributing, offering or selling illicit or illegal substances or substance paraphernalia;

• Illegally possessing, distributing, offering or selling over-the-counter or prescription medications for intentional misuse;

• Possessing, using, distributing, offering or selling alcohol (with the exception of moderate alcohol use at City-approved and sponsored social events); and

• The presence of alcohol or other substances (in one’s system) in amounts equal to or in excess of the cut-off levels established by the Substance Abuse and Mental Health Services Administration (SAMHSA) [www.samhsa.gov] and the United States Department of Health and Human Services (DHHS) [www.hhs.gov] drug testing regulations which are applicable to both American and Canadian testing laboratories.

6.0 GUIDELINE EVALUATION

This Guideline will be monitored on an ongoing basis to ensure it continues to meet its objectives and that it remains responsive to current and evolving needs. It will also be subject to formal evaluation within one year after implementation and on a regular basis thereafter. Accordingly, this Guideline may be amended from time to time at the corporation’s sole discretion. Any amendments will be communicated to the Employees and Unions covered under this Guideline.

7.0 PREVENTION

This Guideline stresses the importance of prevention and early identification of potential problem situations.

7.1 Training and Awareness

People & Organizational Culture will provide Employees with information on:

• Health and safety hazards related to alcohol or other substance use in the workplace;

• Performance problems that could be related to substance dependency; and

• How to access EFAP (Employee and Family Assistance Program) for assistance with an alcohol or other substance problem or any other problem that may be affecting their work performance.

• How to access additional resources (assessment, rehabilitation, counselling) related to substance dependency.

7.2 Employee Disclosure Responsibility

An Employee may use a substance, such as over the counter or prescription medications, pursuant to the instructions of a properly licensed & qualified medical

http://www.samhsa.gov/

http://www.hhs.gov/



practitioner; who has advised the Employee that the substance does not adversely affect the Employee’s ability to perform their work duties safely.

If use of the medication may affect their ability (impair) to perform the work safely, the Employee must disclose to the Manager/Supervisor. An Employee’s duties may be modified, depending on the effect of the medication

The Employee is not required to disclose the type of medication prescribed nor the required use to the Manager/Supervisor, other than the current medication they are using may impact their ability to perform their job safely.

A People & Organizational Culture Representative – Employee Health & Wellness will work with both the Employee and Manager to determine the appropriate accommodation if necessary and may consult (with the Employee's consent) with the Employee's applicable medical practitioners or specialists.

Employees working in safety-sensitive positions (or duties) and who fail to disclose the use of prescription medications (including medical cannabis) that could cause impairment, will result in the termination of their employment (as per the CoR Corrective Discipline Policy).

7.3 Voluntary Disclosure

Voluntary disclosure of an alcohol or other substance problem may not give the Employee immunity from discipline with respect to a violation of this Guideline, but it may assist the organization in accommodating an Employee when appropriate to do so. Employees will not be disciplined only because of a self-referral to the EFAP.

If an Employee has not disclosed that he or she has self-referred for help with an alcohol or other substance problem and is then asked to be tested, the Employee can disclose this to the People & Organizational Culture Representative - Employee Health & Wellness, whom will maintain the confidentiality of this information.

7.4 Employee Resources

Employees who suspect they have an alcohol or other substance problem are strongly encouraged to seek advice from the EFAP and follow an appropriate treatment program before their job performance is affected or violations of this program occur.

Employees are also strongly encouraged to consult with the People & Organizational Culture Representative - Employee Health & Wellness for further assistance and access to additional resources.

7.5 Safety and Removal from Work

If a Manager/Supervisor or People & Organizational Culture Representative - Employee Health & Wellness, believes an Employee may not be able to do his or her job safely based on the Reasonable Suspicion Guidelines, the Employee will be removed from duty. The Employee will then be subject to the Reasonable Suspicion Guidelines.

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Within reasonable limits, work schedules will be adjusted to accommodate any period of time the Employee is required to attend a treatment or counselling program, and coverage for Employees will be within the limits of the corporate benefits program.

7.6 Return to Work

Employees removed from their jobs due to reasonable suspicion may return to work once approved by either the Treatment Provider or Substance Abuse Professional (SAP). This may include returning to work in non-safety sensitive positions or performing non-safety sensitive duties.

Employees returning to duty after a recommended treatment program may participate in an aftercare program to support their recovery. The program and its length will be determined on a case-by-case basis by the Substance Abuse Professional (SAP), and may include unannounced follow-up testing. Medical clearance must be received from the Employee's SAP or other Medical Practitioner by People & Organizational Culture before an Employee will be permitted to return to work.

Aftercare programs or any other requirements specified in assessments will be documented by the Substance Abuse Professional.

7.7 Fit for Work, refers to an Employee’s ability to safely and competently undertake the physical, psychological and cognitive demands of a job, in a manner which does not compromise or threaten the health and safety of others or themselves.

8.0 MEDICAL CANNABIS & RECREATIONAL MARIJUANA

General Information

The legalization of marijuana or an authorization/prescription for Medical Cannabis does not give the Employee the right to use it in the workplace. Both the City and the Employee are subject to specific obligations with respect to the use of Medical Cannabis in the workplace.

An authorization/prescription for Medical Cannabis does not entitle an Employee

to be impaired at work An authorization/prescription for Medical Cannabis does not entitle an Employee

to compromise his or her safety, of the safety of others. An authorization/prescription for Medical Cannabis does not entitle an Employee

to smoke in the workplace. Anti-smoking/vaping Bylaws apply to smoking Medical Cannabis in the same way they do for cigarettes or vaporizers.

An authorization/prescription for Medical Cannabis does not entitle an Employee to unexcused absence or late arrivals.

Health Canada (2016a) has identified that, “Using cannabis or any cannabis product can impair your concentration, ability to think, make decisions, reaction time and coordination. This can affect motor skills, including the ability to drive. It can also increase anxiety and cause panic attacks, and in some cases cause paranoia and hallucinations.” These effects have been noted to last, as long as 24 hours.



Effects of cannabis for the average user and average dose will vary. Health Canada (2016b) indicates:

“With inhalation (smoking, vaporizing), effects may be felt within a few minutes of dosing

and will generally peak within 30 mins. Acute effects generally last between 2 and 4 hours

but may be longer (e.g. 24 hours). With oral ingestion (e.g. oils, foods, capsules), acute

effects may begin to be felt as quickly as 30 mins and as late as 3 or 4 hours after

administration.

Acute effects generally peak between 3 and 4 hours after dosing and can last up to 8 hours

or longer (e.g. 12–24 hours). With topical application, it is not known how long it takes for

potential therapeutic effects to appear, nor how long they last. There have been reports of

hypersensitivity reactions (e.g. rashes, itching) when skin has come into contact with

cannabis.”

8.1 Initial Disclosure

Employees working in safety-sensitive positions (or duties) are required to immediately disclose the use of Medical Cannabis to their Manager or Supervisor. Failure to disclose the use of Medical Cannabis, will result in the termination of their employment.

Upon confirmation of the initial disclosure process, Employees (working in safety sensitive positions) are also required to immediately disclose changes in use (method of intake, type of cannabis, THC concentration, frequency of use, daily regimen, dose, side effects, etc.) to the associated People & Organizational Culture Representative – Employee Health & Wellness. This would also include the expiration for the authorization / prescription of Medical Cannabis.

8.2 Assessment

Upon the disclosure of the use of Medical Cannabis, Employees will be required to participate in the following assessment process:

The City will require medical confirmation of the authorization or prescription

for the use of Medical Cannabis, from a Licensed Medical Practitioner to substantiate the authorized use of Medical Cannabis for medical purposes.

Each Employee’s circumstance is assessed to determine the impact of their use of Medical Cannabis, on impairment.

The City may also request medical information from the Employee’s Physician

or seek the assistance of an Independent Medical Examiner (IME) with specific

training in Medical Cannabis, where there are questions regarding the

Employee’s fitness for work, and what would be an appropriate

accommodation.

These assessments may include the identification of the method of intake, type

of Medical Cannabis used, THC concentration, frequency of use, daily

regimen, authorized dose, side effects, etc.

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8.3 Accommodating Medical Cannabis

Accommodations for Medical Cannabis are assessed on an individual basis based on a thorough examination of the facts of the circumstance (ie type of work performed, nature of the work environment, medical assessment of the Employee, type of Medical Cannabis used, THC concentration, frequency of use, method of intake, operational requirements etc.). The coordination of the assessment process will be managed by the assigned People & Organizational Culture Representative – Employee Health & Wellness in collaboration with the associated Manager, Union Representative and Labour Relations & Client Services.

The City will attempt to accommodate Employees with disabilities to the point of “undue hardship” which includes the use of Medical Cannabis as a treatment for various medical conditions. However, the use of Medical Cannabis is also governed by the Saskatchewan Occupational Health & Safety Regulations, 1996. Under section 12 (a). Employer’s have the duty to, “…as far as reasonable practicable, the health, safety and welfare of the employer’s workers”. Therefore, Employees do not have the right to be impaired in the work place, where their impairment may endanger their own safety or the safety of other Employees or the Public.

Accommodations regarding the use (oral consumption, inhalation, etc.) of Medical Cannabis in the work place, are based on objective medical evidence balanced with both operational and safety considerations.

Accommodations may include moving the Employee out of a safety-sensitive position,

providing frequent breaks, implementing alternative scheduling, accommodating an

Employee on a medical leave; or altering/modifying the Employee’s duties, etc.

If it is established that an Employee could be potentially impaired while at work, depending on the severity the Employee will then either be accommodated into a non- safety sensitive position (or non-safety sensitive duties), or on a medical leave of absence. If it is determined that the Employee is fit (not impaired) to perform safety sensitive work given their use of Medical Cannabis (given his/her dosing regiment), the Employee will be permitted to work in a safety sensitive position.

Under specific conditions (see section A.4.5) Employees may return to work to non- safety sensitive duties, while are still providing positive tests for THC.

8.5 Recreational Use of Marijuana

Using or being under the influence of Marijuana (recreational or otherwise) prior to work (< 12 hours), during work, or on City property, is strictly prohibited. This would also include during all breaks (lunch, coffee breaks, split shifts, etc.) where the Employee is expected to return to duty within the same shift. City Employee’s shall not consume, possess, distribute, offer or sell Recreational Marijuana while on duty or (whether on or off City premises or while operating a commercial vehicle owned, leased, used or controlled by the City entity, this also includes personal vehicles used for work purposes).

An Employee who is tested and found to be positive for THC will be subject to an immediate Leave of Absence without pay pending a further assessment with a



Substance Abuse Professional (SAP) and may be subject to the City of Regina Corrective Discipline Policy.

The Recreational use (of any method) of Marijuana (in any form) twelve hours prior to work, during work, or in the workplace, will not be tolerated and will be subject to the City of Regina’s Corrective Discipline Policy. Any violation of this guideline will result in the immediate removal from performing safety-sensitive and non-safety sensitive functions and may result in an immediate removal from work pending investigation and subject to the City of Regina Corrective Discipline Policy.

8.6 The Reasonable Suspicion Guidelines are implemented based on observations of the Employee’s behaviour, to determine possible impairment (e.g., if there is a change in behaviour or ability) that could lead to the risk of injury, illness, or incident to that person, others or the environment. The risk to the Employee’s safety or the safety of others is paramount. For example:

• Can the Employee perform the job or task safely (e.g., driving, operating machinery or equipment, use of sharp objects)?

• Is there an impact on cognitive ability or judgement?

• Are there other side effects of the medical condition or the treatment that need to be considered?

Because Employees can have varying sensitivity, Employees should be assessed on a case-by-case basis.

9.0 ACCOMMODATION

The City of Regina is committed to accommodating Employees with disabilities established pursuant to an assessment with a SAP.

Employees who have:

• Tested positive to an alcohol and substance test required under the Reasonable Suspicion Guidelines testing process for safety-sensitive positions and post- incident testing for safety-sensitive positions sections of the RSG program;

• Been charged with an impaired driving offence on company business if driving on public roads is part of their jobs; or

• Been convicted of an impaired driving charge if driving on public roads is part of their jobs;

will be required to report for an assessment with a SAP. If a disability (i.e.: Substance Dependency) is established, the City of Regina will accommodate the Employee to the point of undue hardship in accordance with applicable laws.

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10.0 EMPLOYEE ACCEPTANCE OF TERMS

By signing the Employee Acknowledgement form in Appendix 1, the Employee acknowledges that:

• He or she has been advised that the City of Regina has Reasonable Suspicion Guidelines that took effect on May 1, 2012;

• The Reasonable Suspicion Guidelines have been explained to him or her;

• He or she has been provided with a written summary of the Reasonable Suspicion Guidelines; and

• He or she has been told how to obtain a copy of the detailed Reasonable Suspicion Guidelines document.

B. SUBSTANCE ABUSE TESTING

1.0 REASONABLE SUSPICION TESTING: IF A MANAGER/SUPERVISOR SUSPECTS IMPAIRMENT

Reasonable suspicion is based upon the Employee’s conduct observed by a person in a Management/Supervisory capacity. The Manager/Supervisor may come upon this knowledge firsthand, or may be advised by a person that has observed the Employee in a state that gives rise to reasonable suspicion. If an Employee has grounds to believe a Manager/Supervisor is in a state which gives rise for reasonable suspicion, they will inform the Manager/Supervisor’s immediate Supervisor. Employees may also contact the People & Organizational Culture Representative - Employee Health & Wellness for additional support.

The City of Regina will request an Employee to submit to a controlled substance test and/or alcohol test whenever there is reasonable suspicion to believe that the Employee is under the influence or using alcohol or controlled substances while on duty.

The determination that “reasonable suspicion/cause” exists must be based on specific, direct (at the time), factual observations concerning the appearance, behaviour, speech, or body odours of the employee. (These observations must be happening at the time and the Manager/Supervisor must be able to clearly explain it.)

1.1 Reasonable Suspicion Guideline testing is based upon suspicious actions or

behaviours that indicate probable use of drugs or alcohol. Circumstances that might trigger reasonable suspicion testing include, but are not limited to a combination of the following:

o repeated errors on the job o corporation rule violation o accidents o injuries o excessive absence o excessive tardiness o alcohol odour on breath; smoke odour from a controlled substance o glassy eyes o unsteady gait (trouble maintaining balance while walking or standing) o disorientation and or erratic behaviour o slurred or impaired speech



o laying down o flushed face o possession of alcohol and/or suspected drugs and accessories thereof

o impaired judgement or decision making

1.2 If a Manager/Supervisor suspects that an Employee is under the influence of, or has been using alcohol or drugs while on duty, the Manager/Supervisor shall document all conversations with the Employee, and make efforts to obtain signed witness statements. The Manager/Supervisor will approach the Employee in a respectful, quiet manner. No force is to be used and the Employee is not to be touched without his/her consent, unless the Employee presents a clear immediate and substantial risk to the safety and well-being of himself/herself or to others, in which case law enforcement officers shall be notified as soon as possible.

1.3 The Manager/Supervisor shall call the Regina Police Service (RPS) if an illegal

controlled substance or paraphernalia is in plain view. The Manager/Supervisor will take possession of any alcohol or drug (and accessories thereof) if necessary and if possible, that is present on the Employee or in the work area. An inventory of confiscated items will be documented (i.e. photographs) prior to removal and witnessed (when possible) by the Manager/Supervisor and then placed in a secure location as determined by management.

1.4 The primary Manager/Supervisor shall escort the Employee to a safe and

confidential setting, such as the Manager/Supervisor’s office, until a determination of reasonable suspicion of impairment can be made.

1.5 If the primary Manager suspects impairment they will inform the Employee that

they have reasonable suspicion that the Employee is impaired and that they will contact a second Manager/Supervisor to conduct a secondary assessment and their Union Representative.

The primary Manager/Supervisor shall immediately contact another Manager/Supervisor to perform a secondary assessment based on reasonable suspicion. The primary Manager/Supervisor will also contact City Operations Dispatch (49-Dispatch, 306-777-6943) to have a Workplace Health & Safety Representative (WHSR) and a Union Representative dispatched to their location.

The Secondary Manager/Supervisor will then interview the Employee while reviewing observable signs and symptoms. (see Reasonable Suspicion Observation Document (RSOD). The Secondary Manager/Supervisor will then confirm or deny impairment based on observable factual information (i.e.: alcohol odour, slurred speech, poor coordination, etc.).

1.6 Upon arrival, the WHSR will review the process, interview the Employee and act

as a resource. If the Primary and Secondary Manager/Supervisor are not in agreement regarding impairment, the WHSR will then either confirm or deny impairment. If the WHSR confirms impairment, they will then contact the testing agency and the Employee will be escorted by the WHSR and Manager/Supervisor (Manager’s, Union Representative, WHSR’s vehicle or taxi-cab) to a collection site (Certified Alcohol/Drug Testing Facility) for controlled substance or alcohol testing. If the WHSR denies impairment the Employee will be immediately returned to work.

If the Primary and Secondary Manager/Supervisor are both in agreement regarding

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impairment, the WHSR will then contact the testing agency and the Employee will be escorted by the WHSR and Manager/Supervisor (Manager’s, Union Representative, WHSR’s vehicle or taxi-cab), to a collection site (Certified Alcohol/Drug Testing Facility) for controlled substance or alcohol testing.

If the situation occurs after normal working hours, the Manager/Supervisor will advise their Manager. The Manager/Supervisor will then contact 49-Dispatch whom, in turn, will contact the assigned Workplace Health & Safety Representative to assist with the facilitation of the reasonable suspicion process.

1.7 If the Employee refuses, the Employee will be informed that his/her refusal may be

subject to disciplinary action for non-compliance with the Reasonable Suspicion Guidelines.

1.8 After the Employee has provided a sample (urine sample, saliva, or breath alcohol test) the Employee will then be informed of the testing results. If the results determine non-compliance with this Policy, the Employee shall be immediately placed on a leave of absence without pay.

1.9 The Employee will not be allowed to drive himself/herself to the collection facility

or home. The Manager/Supervisor shall make arrangements to transport the Employee by taxi or other vehicle (if safe to do so), to the Employee’s home if no risk of violent or erratic behaviour is suspected, and if the Employee is not in a medically compromised state. If the Employee insists on driving home, the

Manager/Supervisor shall call the Regina Police Service (RPS) and advise them that he/she suspects that an impaired person is in control of a motor vehicle and identify the car and license number.

1.10 Employee’s shall not use abusive language or behaviour during the collection process, nor conduct himself/herself in a manner that clearly obstructs the process. If the Employee’s actions are or become physically violent, or present a health and safety issue to the Employee or others, or it is suspected that the Employee is operating equipment on public roads (City-owned or private), the RPS will be called to deal with the situation accordingly.

1.11 If an alcohol test is not administered within two hours of the reasonable suspicion

incident, the organization will record the reasons the test was not performed promptly. If an alcohol test is not administered within eight hours or controlled substance test within 32 hours following the reasonable suspicion incident, the organization shall cease attempts to administer the test and will record the reasons for not doing so.

1.13 Oral fluid testing is a non-invasive test that analyzes a saliva sample for parent

drugs and their metabolites. An absorbent collection device is placed in the mouth and the saliva collected is screened for drugs of abuse. Samples are checked to verify the saliva is human and undiluted.

1.14 If the test results indicate compliance with this Policy, the Employee shall be reinstated with pay for lost time. The Employee will be assured that the investigation is over and it will not affect his/her future employment with the City of Regina.



1.15 The City of Regina will ensure at least one Manager/Supervisor and/or other Employee’s in a supervisory capacity from each department, receives a minimum of three hours training in the detection and management of Employees who are under the influence of, or are using, alcohol or controlled substances.

1.16 Employees found to be impaired at work will be referred to a SAP for an assessment. Culpable Employees found to be impaired at work may be subject to discipline in accordance with the City of Regina’s Corrective Discipline Policy.

Employees found to be impaired at work and diagnosed with a Substance Use Dependency may not be subject to corrective discipline. Where a disability is established, the City will provide accommodation to the point of undue hardship.

1.17 Upon completion of treatment and/or approval to return to work (as approved by

the SAP) the Employee may be required to participate in Return to Work alcohol/drug test prior to returning to work. This may include returning to work in non-safety sensitive positions or performing non-safety sensitive duties.

2.0 POST ACCIDENT / INCIDENT TESTING

2.1 Under reasonable suspicion, the City may request an Employee performing work related functions to submit to a controlled substances and/or alcohol test after an accident/incident to rule out impairment as a potential cause where one or more of the following occurs:

o bodily injury requiring medical attention from a Licensed Medical

Practitioner (i.e.: laceration, fracture, etc.); o damage to City property or equipment; o possible exposure to legal action or liability; o environmental damage; or

o a near miss that may have resulted in any of the above.

2.2 Prior to deciding to request a post-accident/incident controlled or alcohol test, the City must follow the Reasonable Suspicion Guidelines as well as consider the particular circumstances of each case. The determination as to whether testing is appropriate shall be made by the Primary and Secondary Manager/Supervisor and the People & Organizational Culture Representative - Workplace Health & Safety.

2.3 The foregoing procedures apply with equal force to any accident involving an

Employee travelling in a vehicle owned, leased, provided, or rented by a City entity, or the Employee’s private vehicle when used for City work or on City premises. If an Employee is requested to submit to post accident/incident testing and refuses, the Employee will be informed that his/her refusal will subject him/her to disciplinary action, up to and including discharge.

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3.0 RETURN-TO-WORK TESTING

Any Employee who previously failed any controlled substance or alcohol test administered by the City and/or who has undergone a counselling and/or rehabilitation program for substance or alcohol abuse, and has successfully completed such a program to the satisfaction of the SAP, and who then returns to employment with the City, may be subject to return-to-work testing prior to returning to their position.

3.1 Where the return-to-work testing includes alcohol testing, the alcohol test must

indicate that the worker’s alcohol concentration is less than 0.04%. Please refer to Section II, Prohibited Use of Alcohol for further information regarding alcohol tests resulting in concentrations of less than 0.04% but greater than or equal to 0.02%.

3.2 Where the return-to-work testing includes controlled substance testing, the test must indicate a verified negative result for controlled substance use.

3.3 Where the SAP has recommended abstinence as a part of a treatment program, as a condition of their employment the alcohol test must indicate that the worker’s alcohol concentration is 0.00%.

3.4 Where the SAP has recommended abstinence as a part of their treatment program, as a condition of their employment the drug test must indicate a negative result for controlled substance use. Please note at the SAP’s discretion (and under the following conditions see A.4.5) an Employee may be cleared to return to work in non-safety sensitive duties in spite of having produced a positive drug test (ie residual THC).

3.5 Refusal to submit to a return-to-work test or failing a return-to-work test with a verified positive test result regarding controlled substances or an alcohol concentration test result of more than 0.04% may result in the application of the City of Regina Corrective Discipline Policy.

3.6 Any cost incurred by the Corporation with respect to return-to-work testing required

will be solely the responsibility of the City of Regina.

4.0 FOLLOW-UP TESTING

Following a successful return-to-work test, the City of Regina will reinstate the Employee to his/her previous position and shall ensure that the Employee is subject to un-announced follow-up testing (if recommended by the SAP).

4.1 Follow-up testing shall be implemented as directed by the SAP. The City may direct the Employee to undergo follow-up testing for both alcohol and controlled substances if the SAP determines that testing for both alcohol and controlled substances is necessary.

4.2 Where the SAP has recommended abstinence as a part of their treatment program,

as a condition of their employment the follow-up alcohol test must indicate that the worker’s alcohol concentration is 0.00%.

4.3 Where the SAP has recommended abstinence as a part of their treatment program, as a condition of their employment, the follow-up drug test must indicate a negative result for controlled substance use.



4.5 An Employee may return to a non-safety sensitive position or duties after a positive test based on the following conditions:

• The Employee is not impaired and is abstinent from drugs or alcohol but provided a positive test result as the result of residual THC.

• The Employee is well within projected positive test duration for residual THC.

• The Employees subsequent positive test results are declining over a reasonable period of time.

4.4 Refusal to submit to follow-up testing or failing a follow-up test with a verified positive test result regarding controlled substances, or an alcohol concentration test result of more than 0.04%, may result in disciplinary action up to and including discharge.

4.5 Follow-up testing shall not exceed 12 months of active employment, from the date

of the Employee’s last positive test upon returning to work, unless otherwise recommended by the SAP.

4.6 The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines that such testing is no longer necessary.

4.7 Any costs incurred by the City with respect to follow-up testing required, will be

solely the responsibility of the Employer.

C. TESTING PROCEDURES

1.0 TEST PROCEDURES FOR ALCOHOL TESTING

1.1 Alcohol testing will be conducted by a Breath Alcohol Technician (“BAT”) properly trained in the proficiency of operating an Evidential Breath Alcohol testing device

(“EBT”) or a Screening Test Technician (“STT”) properly trained in the proficiency of the QED Saliva Alcohol testing device.

1.2 Where the result of an alcohol test done by the EBT is positive, a confirmation test will be conducted after 15 minutes.

2.0 TEST PROCEDURE FOR SUBSTANCE TESTING

2.1 Substance testing will be conducted by a Certified Laboratory and/or Collection Facility, which will maintain a clear and well documented procedure for collection, shipment, and accessing of urine specimens. Such a procedure will include the following:

o Utilization of a standard drug testing custody and control form. o Employees presenting to the collection location will provide photo ID to the

collector for identification purposes. o Use of clean specimen bottles that are securely wrapped until filled with the

specimen (split specimen or single specimen). o

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o Use of shipping container in which the specimen and associated paperwork may be transferred, and which can be sealed and initialed to prevent tampering.

o May consist of Oral Fluid testing

2.2 The Employee will be given the opportunity to submit medical evidence to the Medical Consultant (MC) that may support a legitimate use for a specific drug.

2.3 The following are the detection levels for Urinalysis (immunoassays) for

determining the presence of unauthorized, prohibited, illegal or controlled substances present in the individual’s system:

Please note, there is zero tolerance for all Firefighters regarding the detection for the following drugs:

Substance Initial Test ng/ml Confirmation Test ng/ml

Marijuana metabolites 50 15 Cocaine metabolites 300 150 Opiate metabolites 2000 2000 Phencyclidine (PCP) 25 25 Amphetamines 1000 500

NOTE: With a split specimen (two containers from one sample, labelled A and B) the B-portion of the original split specimen that is preserved for private testing can be re-tested at the request of the worker within 72 hours, at the Employee’s expense. The certified laboratory keeps the split portion in the event of questions raised concerning the results of the test.

2.4 Oral Fluid Testing

The Oral Fluid drug testing procedure consists of placing a long cotton swab in the Employees mouth to retrieve a saliva sample. The swab is then placed into a tube. From that point, the collection process is the same as for lab base urine testing using trained collectors, lab analysis and medical review and reporting.

Oral Fluid Specimen Cutoff Concentration Levels

Initial test cutoff Confirmatory test cutoff Drug Class concentration concentration

Marijuana 4 ng/ml 2 ng/ml

Cocaine 20 ng/ml 8 ng/ml

Opiates 40 ng/ml 40 ng/ml

Morphine 40 ng/ml 40 ng/ml

Phencyclidine 10 ng/ml 10 ng/ml Amphetamines / Methamphetamine 50 ng/ml 50 ng/ml

MDMA 50 ng/ml 10 ng/ml



3.0 MEDICAL CONSULTANT (MC)

An essential part of the City’s controlled substance and alcohol testing program is the review/appeals process. The review/appeal must be performed by a Medical Consultant

(MC), who is a licensed health professional (typically contracted by the Testing Laboratory and/or Collection Facility) knowledgeable in the medical use of prescription drugs and pharmacology of alcohol. The MC has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s positive test results together with his/her other relevant biomedical information.

No more than 60 days after a confirmed positive controlled substance test result, an Employee may submit a written request to the MC for re-testing of the original specimen producing the positive test result. Each Employee may make one written request that a sample of the specimen be provided to the original or another Certified Laboratory for testing. The Employee shall pay the cost of the additional test and all handling and shipping costs.

If it is determined with reasonable certainty that there are legitimate medical or other reasons to account for a positive laboratory-controlled substance or alcohol test result, the report will be reclassified as a negative test result. The notice to management will indicate that the test result was negative and any medical information obtained by the MC will be treated as confidential.

Employees have the right to appeal the recommendations of the MC pursuant to the review by another MC as chosen and agreed upon, by both the Union and Employer.

4.0 CONFIDENTIALITY

The City of Regina respects the confidentiality and privacy rights of all its Employees. Accordingly, the results of any test administered under this Policy or identities of any Employees participating in a rehabilitation program will not be revealed to anyone without the expressed written consent of the Employee, except where otherwise required in administration of this Policy or the rehabilitation program itself, or pursuant to the order of a court of competent jurisdiction. Any and all Employee information/documentation regarding the Reasonable Suspicion Guidelines will be maintained by a People & Organizational Culture Representative - Employee Health & Wellness.

D. CONSEQUENCES OF POLICY NON-COMPLIANCE

1.0 CONSEQUENCES OF DRUG AND ALCOHOL POLICY NON-COMPLIANCE

1.1 The City of Regina will not permit any Employee to perform safety-sensitive functions if it has determined that the Employee has violated this Policy. Any Employee who violates this Policy will be removed from safety-sensitive functions immediately and may be subject to the City of Regina Corrective Discipline Policy. In all situations, an assessment/investigation will be conducted and documented to verify that a policy violation has occurred before disciplinary action is taken.

1.2 When an Employee violates the Reasonable Suspicion Guidelines and is placed on a leave of absence pending investigation, he/she may be reinstated after

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1.3 referral evaluation is completed to the satisfaction of the SAP, and a negative Substance test and/or alcohol concentration of less than 0.04% return-to-duty test result is confirmed. Please note, at the SAP’s discretion an Employee may be cleared to return to work to non-safety sensitive duties despite having produced a positive drug test (i.e. residual THC). For more information please refer to section B.4.4.5. There is zero tolerance for all Firefighters regarding alcohol or drugs.

1.4 Before an Employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this Guideline, the Employee shall undergo a return-to-work alcohol test and/or controlled substance test with the result indicating compliance with this Guideline.

1.5 Any Employee tested for alcohol who is found to have an alcohol concentration of 0.04% or greater will be subjected to an immediate medical leave of absence without pay pending an assessment with a SAP.

2.0 INFORMATION, TRAINING, REFERRAL AND REHABILITATION

2.1 The City will provide educational materials that explain the requirements of this

Guideline.

2.2 Each Employee who is engaged in conduct prohibited by this Policy shall be advised by the City of rehabilitation resources available: the names, addresses, and telephone numbers of SAP’s and counselling and treatment centres.

2.3 In all cases where disability is established, the City will provide accommodation to the point of undue hardship.

3.0 ROLES & RESPONSIBILITIES

There is a shared responsibility (Employee, Employer, Union) for the successful implementation of this Guideline.

City of Regina

The realization of the City of Regina priorities cannot be achieved in a workplace where job performance is adversely affected using alcohol or other substances; therefore, the City will:

• Provide Employees and Managers/Supervisors with training on workplace alcohol and other substance issues necessary to implement and enforce this program;

• Provide Employees with access to assistance programs (including access to benefits) in a manner that places a priority on confidentiality, fairness and respect for the individual;

• Provide Employees and dependents with access to confidential assessment, counselling, referral and aftercare services through the EFAP and People & Organizational Culture, as appropriate, and offer additional assessments and treatment programs as available;

• Make reasonable efforts to accommodate Employees with established disabilities by providing the supportive environment necessary for successful rehabilitation;

• Provide awareness and education programs to both Employees and Managers/Supervisors;



• Encourage responsible judgment in the use of alcohol at City functions;

• Reserve the right to undertake alcohol and substance testing only in specific circumstances as outlined in this Guideline;

• Ensure compliance with applicable Federal and Provincial legislation; and

• Provide for the overall administration and enforcement of this program.

Employees

Employees are expected to perform their jobs in a safe manner and in all ways consistent with established City practices. In addition, Employees are expected to:

• Remain free from any adverse performance (impaired motor skills, balance, judgement, memory, etc.) effects of alcohol or other substances while at work;

• Have the responsibility to disclose to their Supervisor the use of any medications (including medical cannabis) that could lead to impairment while at work.

• Consult with their doctors or pharmacists regarding the proper use of medications they are using to determine if they may have a negative impact on performance or safety. Those in safety-sensitive positions must report any concerns regarding the use of any performance altering medication to their Manager/Supervisor so it can be determined whether modification of duties or temporary reassignment is appropriate;

• Seek advice and follow appropriate treatment promptly if they suspect they have a substance dependency or emerging alcohol or other substance problem;

• Assume ownership of their problem and use the counselling and treatment services that have been made available;

• Participate in any testing or search request as and when required under this Guideline;

• Follow any recommended aftercare program to support recovery or return to work conditions after primary treatment for alcohol or other substance related problems;

• Take appropriate action to ensure a co-worker does not remain in an unfit condition at work that may endanger him/her or others. This may involve, on a confidential basis, contacting the Employee's Manager/Supervisor or People & Organizational Culture Department for advice on what action to take, and be personally responsible for compliance with this program and for their own safety.

Managers/Supervisors

Managers/Supervisors will receive specific training on workplace alcohol and other substance issues and on their role under this Guideline, and will:

• Monitor and evaluate work performance with an objective of early identification and managing of all performance problems, including those that may be caused by alcohol or other substance use.

• Approach Employees about performance problems. Make a formal written referral to People & Organizational Culture with a copy to the Employee when there are objective grounds to believe performance problems may be related to alcohol or other substance use.

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• Ensure that an Employee is escorted from the workplace and that medical clearance is arranged when there are concerns about the Employee's immediate ability to perform the job, the safety of others or the reputation of the City.

• Ensure that Employees who return to work following a formal treatment program are abiding by the requirements of their Return to Work Agreements and any aftercare programs.

• Cooperate with People & Organizational Culture to ensure that investigations of work-related incidents are carried out in accordance with City incident investigation procedures.

• Facilitate the referral of an Employee for alcohol and substance testing when there is reasonable cause or post-incident or whenever required to do so under this Guideline.

• Familiarize themselves with related programs and policies, as well as applicable site procedures and work instructions.

People & Organizational Culture People & Organizational Culture acts as a resource and support for Employees, Managers, and Supervisors, and as such will:

• Administer this program consistently in co-operation with the Managers/Supervisors, associated departments and Unions.

• Manage the alcohol and substance testing program.

• Lead and coordinate all investigations required under this program in conjunction with Managers/Supervisors, and other groups as required.

• Retain qualified professionals to conduct and arrange for all assessments, and implement any recommendations received from the SAP’s and any other health care practitioners, including medical work limitations, if required.

• Arrange for, and ensure, that substance abuse assessments are conducted in circumstances prescribed under this program and implement any recommendations received from the SAPs, including medical work limitations, if required.

• Ensure that Employees who return to work following a formal treatment program are abiding by the requirements of their return to work agreements and any aftercare programs.

• Conduct training programs for Managers/Supervisors and site management regarding the advisability of conducting a search.

• In conjunction with the health care practitioners, provide all Employees and dependents with access to confidential assessment, counselling, referral and aftercare services through the EFAP or other alternative additional assessments and treatment programs as available.

• Develop programs to monitor Employees returning to work after treatment for alcohol or other substance related problems.

• Review, in conjunction with the Legal Department, aspects of this program that relate to confidential medical information.

• Resolve questions of interpretation with due regard for the fair treatment of Employees.

• Collect the data needed to monitor, evaluate and update this program as required; coordinate the development and delivery of Employee alcohol and other substance



awareness educational programs, which will include information on the availability of treatment resources; and coordinate, develop and deliver training programs for Managers/Supervisors on performance, aftercare and identification of potential alcohol or other substance-related problems.

Further, as the department within the City that is responsible for the development and maintenance of the EFAP, People & Organizational Culture will:

• Maintain an updated list of resource providers and ensure optimal qualifications are met for education, training and experience.

• Provide guidance to all Employees and dependents dealing with alcohol and other substance-related problems.

• Inform appropriate personnel in situations where an Employee's misuse of alcohol or other substances presents a risk to the safety of the Employee or others and/or a risk to the reputation of the City.

• Train or provide consultation in the training of Managers/Supervisors and other Employees regarding the reasonable suspicion function as it relates to performance management and the progressive discipline processes.

• Provide consultation to those delivering educational programs designed to inform all Employees about this program and the effects of alcohol and other substance use on health, safety and job performance, etc..

• Be involved on an ongoing basis in alcohol and other substance awareness prevention programs to address health and safety effects on performance and the process of EFAP.

• Play a major role in the determination of an Employee's fitness for work and in developing plans to monitor the Employee's return to work after treatment for alcohol or other substance-related problems and interact with the City’s designated medical consultant when applicable.

• Provide the City with non-identifying statistical data regarding the extent of program violations and make recommendations based upon findings of any alcohol and other substance use concerns.

Unions

The Unions will provide guidance, support and participate in the development and implementation of the City of Regina Reasonable Suspicion Guidelines.

Legal Department

The Legal Department will:

• Function in an advisory capacity on all aspects of this program and provide ongoing advice to People & Organizational Culture and management in the implementation and defence of this program in order to protect the respective rights of the Employee and the organization.

• Monitor related legal issues and cases and the introduction of legislation that may affect the implementation of this program.

• Participate in determining the advisability of performing an alcohol and substance test.

• Participate in the development, coordination and delivery of education, training and awareness programs for all Managers/Supervisors and Employees regarding this

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program and performance management in order to help ensure that this program is implemented effectively and consistently across the organization.

V. GLOSSARY OF TERMS

The following terms which are used in the Policy have generally accepted meanings. The definitions and examples below are illustrative. They are not intended to be, nor should they be, construed as exclusive of any other consistent interpretation.

Abuse – the use of any substance in a manner that may tend to incapacitate, impair or influence an individual, or the use of any substance in a manner that deviates from the medical or legal norms or from Corporation rules, policies or expectations. This may include recreational use of a substance, as well as dependence or addiction to a substance. It also includes misuse of substances that are permitted legally, authorized, or controlled.

Accommodation", "Accommodate" or "Accommodating – adjustments to the conditions of employment in order to allow an Employee with a disability to continue to work. It is a process whereby the City of Regina, in consultation with the Employee and Union, determines what is reasonable and feasible for the organization and the Employee. It may include leaves of absence, adjusting hours of work, adjusting job duties, gradual return to work plans, and cooperating with treatment requirements. Under human rights law, the legal duty of the organization is to accommodate disabilities to the point of undue hardship.

Aftercare Program – the follow-up treatment plan following a positive alcohol and substance test and formal treatment program. Employees must follow any aftercare program requirements as a condition of their return to work. Aftercare programs are established by an accredited Substance Abuse Professional or Medical Consultant.

Alcohol – any fermented or distilled spirits containing ethyl alcohol or other low molecular weight alcohols including methyl and isopropyl alcohol, such as beer, wine, wine coolers, blended or distilled spirits, fermented ales, etc. Alcohol is generally included in the term “substance”.

Alcoholic Beverage – any beverage, or mixture of preparation including medication, that contains alcohol in a concentration of one half of one percent (0.005% or more.)

Alcohol Use – the consumption of any beverage, mixture of preparation, including medication containing Alcohol in a concentration in excess of one half of one per cent (0.005%.)

Alcohol and Substance Test – a scientifically recognized test that analyses an individual's saliva, breath or urine for evidence of alcohol and other substance exposure (Refer to the Alcohol and Substance Testing Procedures contained in Appendix 1.)

Approved Rehabilitation Program – a substance rehabilitation and maintenance program that is recognized and meets the criteria established by the Substance Abuse Professional.

Breath-Alcohol Technician (“BAT”) – a person who has taken the certification course for conducting breath alcohol tests according to the manufacturers’ quality assurance program.

Breathalyser – an instrument that analyzes and quantifies the chemical presence of alcohol in a breath sample.



Chain of Custody – a procedure which accounts for the integrity of each test specimen, by tracing its handling and storage from point of specimen collection to final disposition of the specimen.

Collection Site – a place designated by the City of Regina where individuals present themselves for the purpose of providing a specimen/sample for testing purposes.

City of Regina or City Premises – includes all property, offices, desks, lockers, facilities, land, parking lots, buildings, structures, fixtures, installations, areas, ships, boats, vessels, aircraft, automobiles, trucks and any other vehicles, equipment or property, whether owned, leased, used or controlled by the City of Regina entity. Also includes all modes of transportation whether owned, leased, provided by or rented by any City of Regina entity. Also includes an Employee’s private mode of transportation while used for City work or located on City premises.

City of Regina Work – includes all authorized work, job assignments, or job-related activities performed for, or on behalf of the City of Regina.

Confirmation Test – in the case of drug testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the initial test and uses a different technique and chemical principle from that of the initial test. In the case of testing for substances other than drugs, an acceptable test which confirms the presence of a substance by using the same or different technique, such as a breathalyser.

Consortium – an entity, including a group or association of Employers or contractors, which provide alcohol or controlled substance testing.

Contractor, Vendor, Consultant, Visitor or Other Individual – all persons under the direction of, or under contract to, an independent contractor or subcontractor, including the owner or manager of the independent operations, and also including suppliers, visitors and other persons, working on City premises or performing City work.

Contradict – to go or act contrary to; to infringe (i.e.: to commit a breach of or violate this policy.)

Conviction – includes a conviction, guilty plea, conditional discharge or absolute discharge resulting from criminal charges related to unauthorized, prohibited, illegal or controlled substances.

Certified Laboratory – a lab certified by the American Substance Abuse Mental Health Services Administration or the Canadian Centre for Substance Abuse.

Designated Employer Representative or DER – City of Regina Employees authorized to receive alcohol and substance test results from the medical consultant. A DER is also authorized to communicate those results to site-based DER's if necessary for the purposes of arranging a substance abuse evaluation. The DER is also authorized to communicate with SAP’s and receive results of substance abuse evaluations.

Detectable or Detection Level – the level at which a substance(s) will be detected.

EFAP – City of Regina Employee and Family Assistance Program

Employee – all regular full-time, seasonal, part-time and temporary Employees of the City of Regina.

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Evidential Breath Testing device (“EBT”) – a breath alcohol testing device which is approved

for, and records results in a way that is appropriate for evidence in a legal proceeding.

Fit for Work/Duty – the ability to safely and acceptably perform assigned duties without any limitations due to the use or after-effects of alcohol, illicit substances, illegal substances or medications.

Fitness to Work Clearance – a written confirmation from a licensed medical practitioner stating that an Employee is medically able to safely return to work.

People & Organizational Culture – the City of Regina People & Organizational Culture Department.

Illegal Substance – any drug or substance that is legally obtainable but has not been legally obtained (i.e.: sedatives for which a prescription should have been obtained).

Illicit Substance – any drug or substance that is not legally obtainable and whose use, sale, possession, purchase or transfer is restricted or prohibited by law (i.e.: street drugs such as marijuana and cocaine.)

Impairment - means any of the Employee’s senses (i.e.: sight, hearing, etc.), physical abilities (balance, reaction-time, reflex) or cognition (decision making/judgement), is or may be presumed diminished in function or ability (lacking full functional integrity).

Legal Department – the City of Regina Legal Department.

Manager – the individual in a leadership position or a position of authority over a particular site, facility, location, project, area or shift, including but not limited to Foreman, Crew Leads, Managers, Supervisors and others in positions of authority as designated by the Corporation from time to time.

Medical Consultant (MC) – a licensed physician responsible for receiving laboratory results generated by an employer's alcohol and substance testing program, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant bio-medical information. Human Resources will designate the MC for the organization.

Medical Cannabis (Marijuana) – Medical Cannabis refers to cannabis prescribed (by a Medical Practitioner) and used to relieve symptoms and minimize treatment side effects of various medical conditions. Examples of therapeutic uses include, managing neuropathic pain in individuals with multiple sclerosis and preventing chemotherapy/radiotherapy-induced nausea and vomiting.

Medication – any substance used for medicinal purposes that is obtained through prescription or over-the-counter.

Metabolite – the product of chemical changes in living cells.

Non-Safety-Sensitive Position/Functions – any position where impaired performance, impaired motor skills or lack of judgement will not likely result in a significant incident affecting the health and safety of Employees, customers, contractors, the public, equipment, property, or the



environment.

Oral Fluid (Saliva Test) – Oral fluid testing is a non-invasive test that analyzes a saliva sample for parent drugs and their metabolites. An absorbent collection device is placed in the mouth and the saliva collected is screened for drugs of abuse. Samples are checked to verify the saliva is human and undiluted.

Paraphernalia – equipment, apparatus or other devices used in conjunction or associated with substances.

Possession – to have either in or on the Employee’s person, personal effects, motor vehicles or areas substantially entrusted to the control of the Employee.

Rehabilitation Program – a substance abuse program designed to assist the Employee in overcoming his/her dependency on alcohol or drugs.

Report Fit for Work/Duty – being Fit for Work/Duty at the time the Employee arrives for work on City premises or to conduct City business.

Return to Work Agreement – a written agreement between the City of Regina and an Employee (and the relevant union, if applicable) that sets out the conditions upon which an Employee may return to work following a positive alcohol and substance test. Return to Work Agreements may include, but are not limited to conditions that require an Employee to undergo a Substance Abuse Evaluation conducted by a SAP, and require the Employee to follow any requirements of an aftercare program established by an SAP.

Safety-Sensitive Position/Functions – any position where impaired performance, impaired motor skills or lack of judgement could result in a significant incident affecting the health and safety of Employees, customers, contractors, the public, property, or the environment, and includes those persons in supervisory or managerial positions who either oversee Employees in safety-sensitive positions, or who are responsible for or actually perform the same duties as Employees in safety-sensitive positions. Positions which do not include duties that are safety- sensitive, but which require the Employee to regularly cross paths with moving machinery and equipment, are also considered to be safety-sensitive positions.

Split Sample – a portion of a urine specimen set aside for confirmation testing purposes if requested by the Employee.

Substance – any chemical or biological substance (including alcohol, illicit substances and illegal substances) that has known mind or motor function altering effects on the human body; a general term for any substance, stimulating or depressing, that can ultimately be habituating or addictive. For purposes of this Guideline, substances of concern are those that inhibit an Employee's ability to perform his or her job safely and productively.

Substance Abuse Assessment or SAA – refers to an assessment whereby a substance

dependency is either confirmed or refuted.

Substance Abuse Professional or SAP – an accredited practitioner qualified to conduct

substance abuse evaluations or a certified addictions counsellor.

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Substance Dependency or Drug Addiction – a physical or psychological need for a substance,

without which the user experiences extreme difficulty. It also encompasses the diagnostics as

outlined in the Diagnostic and Statistical Manual of Mental Disorders - 5th ed. and any subsequent

editions or restatements.

Supervisor – the individual in a leadership position or a position of authority over a particular site, facility, location, project, area or shift, including but not limited to a Foreman, Crew Lead, Manager, Supervisor and others in positions of authority as designated by the City of Regina from time to time.

Trained Person or Trained Personnel – an individual or individuals employed by the City of Regina who have been trained to recognize the signs of alcohol and other substance use. These individuals would typically include Managers/Supervisors and Human Resources personnel.

Threshold Test – in the case of drug testing, a preliminary test to eliminate “negative” urine specimens from further consideration. Also a reliable test in the case of testing for other substances by a different instrument, such as a breathalyser.

Unauthorized, Prohibited, Illegal or Controlled Substances – substances that may affect or may have the propensity to affect a user in a manner which will alter the mind, mood, behaviour, emotions, reasoning, performance or physical functions of the user, whether or not such substances are proscribed or restricted by the laws of Canada any province or other political subdivision. Examples include:

• Alcohol, narcotics, depressants, stimulants, hallucinogens, cannabis, marijuana and designer and synthetic drugs and chemicals, whether or not specifically listed under the Controlled Drugs and Substances Controlled Drugs and Substances Act or in other statutes, regulations, rules or ordinances;

• Substances yet to be discovered and prescription drugs and over-the-counter products used in a manner inconsistent with the prescription or recommended usage or which have not been found to be compatible with safe job performance by the City of Regina considering the job duties of the worker; and

• Permitted legal, authorized or uncontrolled substances, including by way of example, the misuse of various paints, glues, aerosols, aromatics and inhalants to produce such an effect on the user.

Workplace Health & Safety Branch – the City of Regina Occupational Health & Safety Branch

and also includes Employee Health & Wellness.

Workplace or Worksite – any motor vehicle, office, building, yard or other property operated by a motor carrier, or any other location at which the worker is to perform work.



References

Health Canada. (2016a). Consumer Information – Cannabis (Marihuana, marijuana). Retrieved

from:https://www.canada.ca/en/health-canada/services/drugs-health-products/medical-use-

marijuana/licensed-producers/consumer-information-cannabis-marihuana-marijuana.html

Health Canada. (2016b). Access to Cannabis for Medical Purposes Regulations - Daily Amount

Fact Sheet (Dosage). Retrieved from: https://www.canada.ca/en/health-canada/services/drugs-

health-products/medical-use-marijuana/information-medical-practitioners/marihuana-medical-

purposes-regulations-daily-amount-fact-sheet-dosage.html

http://www.canada.ca/en/health-canada/services/drugs-health-products/medical-use-

http://www.canada.ca/en/health-canada/services/drugs-

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APPENDIX 1

Alcohol and Substance Abuse Policy Acknowledgement Form

I understand that, the City of Regina recognizes that alcohol and drug abuse/chemical dependency is a chronic disease and major health problem that can have tragic consequences for individuals, families, and the workplace.

As a condition of employment, all employees are expected to abide by the City policy which prohibits the use and/or abuse of drugs and alcohol in the workplace.

By my signature below, I acknowledge, understand, accept, and agree to comply with this policy. I also understand that failure to comply with this policy may result in corrective/disciplinary action, up to and including termination of employment.

• I have read, understood, and familiarized myself with City of Regina’s Alcohol and Substance Abuse Policy.

• I understand that the City of Regina is committed to providing a drug-free workplace.

• I have attended an education session on the City of Regina’s Alcohol and Substance Abuse Policy.

• I understand that it is my responsibility to comply with this policy, and that this policy applies to me.

• I agree to abide by the terms of the policy, as a condition of employment.

• I understand that violations of this policy may subject me to corrective/disciplinary action, up to and including termination of employment.

• If I have any questions about this policy, I will seek clarification from my Manager/Supervisor or from People & Organizational Culture.

• I understand that, in acknowledgment that chemical dependency is a chronic disease and that rehabilitative treatment is available, the City supports and strongly encourages employees with such problems to seek treatment, and when available will facilitate access to applicable resources.

• I understand that the responsibility for seeking, obtaining, and cooperating in such treatment is mine.

• I understand that, if I am experiencing alcohol or drug dependency, I am urged by the organization to make use of the City’s confidential Employee & Family Assistance Program (EFAP), and/or alternate Assessment, Counselling, Rehabilitation Programs.

Signature of Employee Date

Employee's Name - Printed



EMPLOYEE AGREEMENT/CONSENT TO

ALCOHOL/DRUG TESTING & RELEASE OF ALCOHOL/DRUG TEST RESULTS

I hereby agree, upon a request made under the Reasonable Suspicion Alcohol/Drug Testing process of the City of Regina, to submit to Alcohol/Drug Testing and to furnish a sample of my breath and urine for analysis. I understand and agree that if I at any time refuse to submit to a random alcohol/drug test, or if I otherwise fail to cooperate with the testing procedures, I will be subject to an immediate Leave of Absence and Assessment with either Addiction Services or PAR Consultants and may be subject to the City of Regina Corrective Discipline Policy.

I understand that only my immediate Manager/Supervisor, the People & Organizational Culture representative – Workplace Health & Safety, and/or Manager of Workplace Health & Safety will have access to the results (positive or negative) of the testing process; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions.

The Reasonable Suspicion Alcohol/Drug Testing Process has been explained to me in a language I understand, and I have been told that if I have any questions about the test or the process, they will be answered.

Signature of Employee Date Union Rep Date


City of Regina Representative Date

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Page 31 APPENDIX 2



EMPLOYEE AGREEMENT/CONSENT

TO RETURN TO WORK / FOLLOW-UP ALCOHOL/DRUG TESTING & RELEASE

OF ALCOHOL/DRUG TEST RESULTS

I hereby agree, upon a request made under the Unannounced Follow-up Alcohol/Drug Testing process of the City of Regina, to submit to Follow-up Alcohol/Drug Testing and to furnish a sample of my breath and urine for analysis. I understand and agree that if I at any time refuse to submit to a random alcohol/drug test, or if I otherwise fail to cooperate with the testing procedures, I will be subject to an immediate Medical Leave of Absence and Assessment with either Addiction Services or PAR Consultants.

I understand that only my immediate Manager/Supervisor, the People & Organizational Culture Representative – Workplace Health & Safety, and/or Manager of Workplace Health & Safety will have access to information furnished or obtained in connection with the test; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions.

The Follow-up Alcohol/Drug Testing Process has been explained to me in a language I understand, and I have been told that if I have any questions about the test or the process, they will be answered.

I UNDERSTAND THAT THE CITY OF REGINA WILL REQUIRE UNANNOUNCED FOLLOW- UP ALCOHOL/DRUG TESTING FOR A PERIOD OF 12 MONTHS (OF ACTIVE EMPLOYMENT) AND I AGREE TO SUBMIT TO ANY SUCH TEST.

Signature of Employee Date Union Rep Date


City of Regina Representative Date



Reasonable Suspicion Incident/Event Contact Procedure

In the event of a Reasonable Suspicion Incident/Event contact 49 Dispatch:

306-777-6943

Provide the following information at the time of the call:

Your name Nature of the call Contact number Time of the call

Exact location with directions

The Dispatch Clerk will then contact the Workplace Health & Safety Representative assigned to your area and they will be dispatched to your location immediately.

Healthy Workplace Consultant/Associate Portfolio

Chris Nisbett Workplace Health & Safety Consultant

Cell: 306-535-8936

Roadways & Transportation Transit Fleet

Trevor Langen Workplace Health & Safety Consultant

Cell: 306-519-6430

Parks, Recreation & Culture Fire & Protective Services

Donna Gibson

Workplace Health & Safety, Consultant Cell: 306-529-0016

Water, Waste & Environment

Shawn Koroluk

Workplace Health & Safety, Associate Cell: 306-751-4287

City Hall

In the event that the Workplace Health & Safety Representative assigned to your area is unavailable, the following individuals will then be contacted in the following order:

1) Connie Normand Workplace Health & Safety Representative Work: 306-777- 6252

2) Brent Lustig Workplace Health & Safety Representative Cell: 306-537-2054

3) Jay Lamont Human Resources Consultant Cell: 306-519-5065

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APPENDIX 5

Reasonable Suspicion Guideline

STEP ONE – PRIMARY (First Manager/Supervisor) ASSESSMENT

A) Primary Manager/Supervisor suspects impairment based on observable factual information (i.e.: alcohol odour, slurred speech, poor coordination etc.)

B) Primary Manager/Supervisor speaks with the Employee in a confidential setting and in a respectful manner. The Assessment will be based on the responses to the following questions and the Employee’s observable behaviour. Complete the Reasonable Suspicion Observation Document (RSOD).

Script:

• "I noticed (or it has been reported that) while you were working you…. smelled like alcohol, were having difficulties with your balance, smelled like marijuana etc."

• "I am concerned with your safety and the safety of your coworkers

regarding your ability to perform the duties of your job today. Can you please provide me with an explanation for your behaviour or what I have observed (i.e.: smelling like alcohol and balance issues, smell like marijuana)?"

• "Can you tell me what happened today when…(i.e.: you fell down, why you

were sleeping on the job etc?)"

• "Did you consume alcohol while at work today? Did you consume alcohol

prior to coming to work? Have you consumed alcohol within the past 10 hours prior to coming to work? If yes, what were you drinking and approximately how many drinks did you have?"

• "If no, how do you explain…(i.e.: smelling like alcohol and stumbling around at work

today?)"

• "Are there any medications or other drugs that you may be taking for a prescribed medical condition?"

• "Are there other lifestyle factors (i.e.: stress, family issues, death, etc) that

maybe impacting your ability to perform your job today?"

C) Two Outcomes:

• Not-impaired (Manager/Supervisor does not suspect impairment)

– Employee immediately returns to work, end of assessment.

• Impaired (Manager/Supervisor suspects impairment)

– Primary Manager/Supervisor offers Union Representation,



calls Secondary Manager/Supervisor.

Script:

• “I have reasonable suspicion that you are impaired at work today and therefore I will be calling a second Manager/Supervisor to perform a Secondary Assessment.

• “Would you like to have Union representation?” • “Please wait here until the second Manager and Union representative arrive to begin the

second step.” • “If you choose not to participate in the RSG process (i.e., do not cooperate with the interview,

refuse to go for testing) you will be subject to the corrective discipline policy as a result of non-compliance with the Reasonable Suspicion process.

STEP TWO – SECONDARY (Second Manager/Supervisor) ASSESSMENT

A) Secondary Manager/Supervisor speaks with the Employee in a confidential setting and in a respectful manner while interviewing (based on the following questions) the Employee and reviewing observable signs and symptoms. Complete Reasonable Suspicion Observation Document (RSOD).

B) Secondary Manager/Supervisor confirms or denies impairment based on

observable factual information (i.e.: alcohol odour, slurred speech, poor coordination, etc.)

Script:

• "I noticed (or it has been reported that) while you were working you….

smelled like alcohol, were having difficulties with your balance, smelled like marijuana etc."

• "I am concerned with your safety and the safety of your co-workers


• "Can you tell me what happened today when… (i.e.: you fell down, why you



prior to coming to work? Have you consumed alcohol within the past 10 hours prior to coming to work? If yes, what were you drinking and approximately how many drinks did you have? John have you smoked marijuana while at work today? Did you smoke marijuana prior to coming to work today?"

• "If no, how do you explain… (i.e.: smelling like alcohol and stumbling

around at work today?)"

• "Are there any medications or other drugs that you may be taking for a

prescribed medical condition?"

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• "Are there other lifestyle factors (i.e.: stress, family issues, death etc) that maybe impacting your ability to perform your job today?"

C) Two outcomes:

• Not Impaired (Second Manager/Supervisor does not suspect impairment)

– Secondary Manager contacts Workplace Health & Safety

Representative assigned to your area to perform a

Secondary Assessment.

Script:

• “The first and the second Manager/Supervisor do not agree on reasonable suspicion and therefore a Workplace Health & Safety Representative has been contacted to come and meet with you to perform a Secondary Assessment.”

• Impaired (Second Manager/Supervisor suspect’s impairment)

– Secondary Manager contacts Workplace Health & Safety

Representative assigned to your area to perform a

Secondary Assessment.

Script:

• “The first and the second Manager/Supervisor agree on reasonable suspicion and therefore a Workplace Health & Safety Representative has been contacted to come and meet with you to confirm impairment based on reasonable suspicion”.

STEP THREE – WORKPLACE HEALTH & SAFETY REPRESENTATIVE (WHSR) CONFIRMATION

A) The WHSR arrives on scene to review the process, interview (based on the following questions) the Employee and to act as a resource. Complete Reasonable Suspicion Observation Document (RSOD).

Script:

• "I noticed (or it has been reported that) while you were working you…. (i.e.: smelled like alcohol, were having difficulties with your balance, smelled like marijuana, etc.)"

• "I am concerned with your safety and the safety of your co-workers


• "Can you tell me what happened today when… (i.e.: you fell down, why you





prior to coming to work? Have you consumed alcohol within the past 10 hours prior to coming to work? If yes, what were you drinking and approximately how many drinks did you have? John have you smoked marijuana while at work today? Did you smoke marijuana prior to coming to work today?"

• "If no, how do you explain…(i.e.: smelling like alcohol and stumbling around at work

today?)"

• "Are there any medications or other drugs that you may be taking for a

prescribed medical condition?"

• "Are there other lifestyle factors (i.e.: stress, family issues, death, etc) that

maybe impacting your ability to perform your job today?"

B) Two Outcomes

• Indeterminate (Primary & Secondary Man/Sup disagree regarding impairment):

− WHSR reviews process and then confirms or denies

impairment based on observable factual information (i.e.: : alcohol odour, slurred speech, poor coordination etc.)

– If the WHSR confirms impairment they will then contact the testing agency and the Employee will be escorted by the WHSR and Manager/Supervisor in a Taxi (paid by the City) to for drug & alcohol testing.

– If the WHSR denies impairment the Employee is immediately returned to work.

• Conclusive (Primary & Secondary Man/Sup agree regarding impairment)

− WHSR reviews process, will contact the testing agency and then

escorts Employee with Manager/Supervisor in a taxi or alternative to testing agency for testing.

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APPENDIX 6

Reasonable Suspicion Guidelines

Frequently Asked Questions:

Isn’t Drug and Alcohol testing against my Human Rights?

The Canadian Human rights Commission and Provincial Human Rights Commissions

have reviewed drug and alcohol testing and have determined that it is permissible to test

Employee’s for alcohol and drugs under reasonable suspicion of impairment.

What I do at home is my business and not the business of the City of Regina. I

smoke pot at home, but I don’t do it at work. I’m concerned I will fail the drug test?

What you do at home is your business. However, the City of Regina does have the right

to expect employees to come to work fit for duty which includes not having drugs or

alcohol in your system above designated thresholds. You will have to make your own

choice as to what you do and how it may affect your ability to function safely while at

work.

Who is the City of Regina Reasonable Suspicion Guidelines Program Administrator?

The City of Regina Program Administrator is the People & Organizational Culture –

Employee Health & Wellness Consultant. The Program Administrator (PA) is the primary

liaison point with the collector and Medical Review Officer (MRO) for the test results. The

PA also coordinates the names for follow-up testing and triggers the internal process to

have the testing done. The PA is normally the key internal information resource for the

company alcohol and drug policy, answering question of interpretation, maintaining all

records, and ensuring appropriate communication with employees and contractors, and

that training of Manager’s & Supervisors takes place.

Who is going to administer the testing program for the City of Regina?

The testing program for the City of Regina is administered through an approved testing

facility. An approved testing facility is an independently contracted service which ensures

proper procedures are in place for the testing program. An approved testing facility

contracts the lab and collection services, provides MRO services, and provides guidance

and support in all parts of the testing process. An approved testing facility is the primary

contact for the City of Regina’s internal Program Administrator.



How does alcohol testing work?

Employees required to undergo an alcohol test will be expected to provide a breath

sample for analysis in an Evidential Breath Testing Device. Samples will only be collected

by someone who has been trained for proficiency in using the device (called a Breath

Alcohol Technician or BAT). If the first test or “screen” is at or above the cut off level, the

employee will wait at least 15 minutes (but not more than 30 minutes) to provide an

additional breath sample (the confirmation test). The employee will immediately receive a

printed copy of the result, and another copy will be forwarded to the Program

Administrator.

What constitutes refusal to submit to a drug or alcohol test?

A refusal would include refusal to be tested, failure to cooperate with the collection

process, failure to complete and sign the certification on the breath alcohol testing form

and failure to remain readily available for testing following an accident. Normally this

would trigger disciplinary consequences under the corporate policy. Individuals would

also be determined to have refused to submit to a test if a licensed physician is unable

to determine that a medical condition has, or with a high degree of probability could have,

precluded the employee from providing an adequate amount of breath at the time of

sample collection, and if they refuse to allow the results to be reported to the Program

Administrator.

Can errors occur in the breath testing?

Errors are eliminated in the breath testing process because:

• the tests are performed on a calibrated and maintained breath testing device;

• that two samples are taken at least 15 minutes apart (if the first sample tests at or above the cut-off level); and

• that all tests are performed by a trained collector or Breath Alcohol Technician

(BAT), or Screening Test Technician (STT).

How does drug testing work?

The process follows a number of key steps to ensure accuracy:

• urine or saliva samples are collected by trained collectors following stringent procedures set out in Canadian regulations.

• a form (called a custody and control form or CCF) follows the sample through the

process to document everyone who handled it, when, and why, to ensure there has been no possibility of tampering with or switching of specimens;

• the samples are analyzed by accredited laboratories as meeting the highest

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standards of accuracy to determine if the drug is present;

What constitutes refusal to submit to a drug or alcohol test?

Under the City of Regina Reasonable Suspicion Guidelines, a refusal would include, a

refusal to be tested, failure to cooperate with the collection process, confirmed tampering

with the sample, and failure to remain readily available for testing following an accident.

This would trigger corrective disciplinary consequences under the City of Regina’s

Corrective Discipline Policy. Individuals would also be determined to have refused to

submit to a test if a licensed physician determines that there is no medical reason to

support a person’s alleged inability to provide a sufficient quantity of urine for a drug test

or could have precluded the employee from providing an adequate amount of breath at

the time of sample collection and if they refuse to allow the results to be reported to the

City of Regina Program Administrator. The MRO will report a refusal for any specimens

verified as being adulterated or substituted.

If someone is tested, who gets the results?

The collector will notify the City of Regina Program Administrator directly to advise of the

test results. The MRO is not involved in the alcohol testing process except in limited

cases of a urine alcohol test conducted by the laboratory. The Medical Review Officer

will receive the drug test results directly from the laboratory on a confidential basis, and

review non-negative results to determine whether the test is a refusal (adulterated or

substituted), a true positive, invalid, cancelled, or a negative result. If the MRO concludes

that the test is positive, invalid, cancelled, or a refusal, he/she will notify the City of Regina

Program Administrator directly.

Can false positives occur in the urine drug screening?

A false positive situation would be found when a sample is reported to contain a drug

that is not actually present in the sample. If all of the procedures listed below are followed,

then a false positive cannot occur:

• all steps are taken to ensure integrity of the sample (including no breaks in the chain of custody);

• all tests are performed by qualified personnel at a certified laboratory; or

• all on site tests are performed by qualified collectors using accepted screening devices with adulterant checks, and any screening non-negative are forwarded to the laboratory for confirmation;

• there is adherence to a stringent quality assurance/quality control program (as directed through the Department of Health and Human Services accreditation and certification procedures);

If someone gargles with mouthwash will they test positive for having alcohol?

No. Proper use of mouthwash would not result in a positive breath test. However, if



someone actually drank the mouthwash in sufficient amounts they may test positive for

alcohol, and it will, indeed, impair their ability to perform. This would be the same for any

medication containing alcohol.

Can passive inhalation of marijuana smoke lead to a positive test even if the

employee did not smoke the joint?

No. People will often claim that inadvertent exposure to marijuana smoke is the reason

for their positive test result. Passive inhalation can result in detectable levels of THC

metabolites (the primary pharmacological component of marijuana) in urine. However,

clinical studies have found it is highly unlikely that a non-smoking individual could inhale

sufficient smoke by passive inhalation to result in a high enough drug concentration to

exceed the cut-off levels. The matter would be discussed with the MRO before a positive

result is reported.

Will prescription medications result in a positive test result?

The majority of day to day medications (like antibiotics, antihistamines, anti-depressants,

aspirin, Tylenol, insulin) will not be detected by the test, because the laboratory is only

directed to test for specific substances. These are, marijuana, cocaine, opiates (e.g.

heroin) amphetamines (speed, some diet pills) and PCP (street drug). Because some

cough medications and strong painkillers contain opiates, they will be identified by the

laboratory if they are present at or above the cut-off level. The employee will have an

opportunity to discuss the test result with the Medical Review Officer; legitimate,

authorized, and proper medication use will not be reported as a positive result to the

company.

Why is the alcohol cut-off level .04 BAC when the standard for driving is .08 BAC?

The percentage of blood alcohol content (BAC) is a quantitative measure of the grams of

alcohol present per millilitre of blood, in other words, the weight of alcohol with respect to

volume of blood. The scientific community has concluded that even the lowest levels of

blood alcohol content can result in a decline in the body’s ability to perform to its full

potential. For most adults, alcohol presence up to .04% BAC will result in a reduction in

sensory and cognitive performance. In addition, at .04% BAC, virtually all individuals

experience decreased cognitive abilities resulting in impacts on perception, visual field,

tracking, information processing and performance of multiple tasks. At higher levels,

cognitive skills can be seriously impaired, and coordination, balance and vision are

visibly impaired for most individuals.

Although the current standard for impaired driving is .08% BAC at which point a charge

under the Criminal Code is issued, drivers can be charged for impaired driving at lower

levels, and will temporarily lose their license under provincial highway legislation if their

breath test result is at

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.04% BAC or lower and these levels have been upheld in court and arbitration decisions.



How long do drugs stay in the body?

Opiates and amphetamines can stay in the body for one to two days; cocaine can stay in

the body two to four days. Occasional use of phencyclidine (PCP) can be detected from

one to eight days after use, and chronic use up to a month. Similarly, marijuana can be

detected from one to two days up to seven days after occasional use and up to a month in

a chronic user. These are general guidelines only, as retention times differ among

individuals according to a variety of factors.

If someone has had a few drinks, how long will it take for their blood alcohol

level to get back to zero?

For comparative purposes, a standard drink is as follows:

12 oz beer X 30 mL/oz X 5% alcohol content = 18 mL alcohol

5 oz wine X 30 mL/oz X 12% alcohol content = 18 mL alcohol

1.5 oz spirits X 30 mL/oz X 40% content = 18 mL alcohol

Alcohol is absorbed in the blood and eventually travels to the liver where it is

metabolized. No matter how much alcohol is consumed, or what blood level has been

achieved, the liver metabolizes the alcohol at a constant rate of about 10 grams of

ethanol per hour (slightly less than one standard drink which contains 13.5 grams). The

ethanol clearance rate is still a function of age, gender and drinking practices, but a recent

study of driver characteristics and impairment at various BACs (NHTSA) found the

elimination rate averaged for subjects in the study at about

.015% per hour (slightly higher for female subjects, .0l85%).

Does the collector have the option of taking a blood sample to test for alcohol?

No. Under Canadian workplace testing programs, the collector would never take a blood sample.

What if someone I know a work has an alcohol or drug problem?

One of the City of Regina’s core principles is to “Ensure the safety of all employee’s and

the safety of the general public.” In addition, we all have a responsibility under the

Occupational Health & Safety Act to protect our own health and Safety and the health

and safety of other Employees. Part of this responsibility is to encourage and help the

Employee seek assistance through the employee and Employee Family Assistance

Program.

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Will, I be disciplined if voluntarily ask for help for a substance abuse problem?

No you will not be disciplined for a drug or alcohol problem if you voluntarily ask for help

to overcome the problem. However the help must be accessed prior to being notified you

are required to go for testing based on reasonable suspicion. If you are requested to go

for testing and admit at that point you require help an Drug/Alcohol assessment will

arranged but corrective disciplinary measures may still apply.

What If I admit to using drugs or alcohol during the reasonable suspicion process?

Do I still need to go for testing?

Yes, you would still need to be sent for testing for confirmation.

What do I do if I suspect my own Manager/Supervisor is under the influence? Who

would I contact?

All employees, including Supervisors are covered under the reasonable Suspicion

Guidelines. If you have reasonable suspicion to believe that your Manager or Supervisor

is impaired you can either report it to another Manager or call the City of Regina Program

Administrator at 777-7104.

What is the significance of the cut-off levels for testing? Why is the confirmation

level lower than the initial screen?

The initial screen is a “qualitative test” that only looks for the presence of drugs. There is

a cut-off level on the initial screen. For example, marijuana is 50ng for the initial screen.

If the results are under 50ng the test is negative. If the results are over 50ng the screen

is sent for confirmation at an accredited laboratory where a “quantitative test” (gas

chromatography/mass spectrometry GC/MS) is completed. The GC/MS confirmation

ensures that over-the-counter medications and legitimate prescriptions are not reported

as positive results.

How long before I receive the results?

Negative drug and alcohol results are provided within 15 minutes of testing. Positive

alcohol test results are also provided within 15 minutes. Positive drug tests are sent to a

lab for confirmation testing and results are usually completed within 48 hours.

Why would the City of Regina test for marijuana if it is legalized in some areas?

Marijuana is one of the five drugs that are part of the testing standard. Marijuana affects

an employee’s judgement and behaviour, which is a safety hazard at the worksite. If

marijuana was legalized the City of Regina would continue to test for it. Alcohol is also

considered legal but it is tested for as well.



What is Oral Fluid Drug Testing?

Oral fluid testing analyzes a saliva sample for parent drugs and their metabolites. An

absorbent collection device is placed in the mouth and the saliva collected is screened for

drugs of abuse. Samples are checked to verify the saliva is human and undiluted.

What drugs can be tested using oral fluid?

A 6-Panel oral fluid drug test can detect marijuana, cocaine, opiates, amphetamine,

methamphetamine (including Ecstasy), and PCP, which represent the most common

drugs requested by employers for workplace drug testing. Additional drugs included in the

10-Panel test are oxycodone, barbiturates, methadone and benzodiazepines.

What time period does oral fluid testing cover?

For most drugs, the window of detection in oral fluid is typically 24-48 hours

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APPENDIX 7

Reasonable Suspicion Observation Checklist Date: Time: Location:

Employees Name: Employee ID #: Position:

Address: Telephone #: Manager/Supervisor:

Reasonable Suspicion Observations Nature of Incident

Observed/reported possession or use of a

controlled substance

Observed abnormal or erratic behaviour (judgement,

decision making, etc.)

Observed/reported possession or use alcohol or

drugs while on the job

Other (fighting, argumentative, abusive language,

refusal of instruction

Observed/reported to work under the influence of

drugs or alcohol

Violation of Safety Regulations/Policies

Additional Comments:

Physical Observations

Possessing, dispensing or using controlled

substances

□ Odour of alcohol

Slurred or incoherent speech □ Odour of marijuana

Unsteady Gait or other loss of physical control;

poor coordination

□ Dry mouth

Dilated or constricted pupils or unusual eye

movement

□ Dizziness or fainting

Blood shot or watery eyes □ Shaking hands or body tremors/twitching

Extreme fatigue or sleeping on the job □ Irregular or difficult breathing

Excessive sweating or clamminess to the skin □ Runny Nose or sore around nostrils

Flushed or very pale face □ Inappropriate wearing of sunglasses

Highly excited or nervous □ Puncture marks or “tracks”

Nausea or vomiting □ Other:




Unusual Behaviour

□ Verbal Abusiveness Withdrawal, depression, mood changes or un-

responsiveness

Physical Abusiveness In appropriate verbal response to questioning or

instructions

□ Extreme agitation or aggressiveness Other Erratic or inappropriate behaviour

(hallucinations, disorientation, excessive euphoria, confusion)


Written Summary

Summarize the facts and circumstances of the incident, employee response, supervisor actions and any other pertinent information not previously noted on this form:

5Reasonable Suspicion Recommendations Title Statement Yes No Initials Date

First Observing Man/Sup:

Based upon my observations, I recommend an alcohol/drug test is administered in accordance with the Reasonable Suspicion Guidelines

Second Observing Man/Sup:


Confirmation Man/Sup (if applicable):


6. Witnesses

First Observing Manager/Supervisor Signature: Date: Time:

Second Observing Manager/Supervisor Signature: Date: Time:

Confirmation Manager/Supervisor Signature (if applicable): Date: Time:

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