Canadian Occupational Safety

December/January 2017 7 OHRC updates policy on drug, alcohol testing T he Ontario Human Rights Commission (OHRC) has updated its policy on drug and alcohol testing, which offers guidance to employers and employees about testing and the potential human rights concerns that could arise. "We all want to work in a safe environment and employers have a legal obligation to provide one. This policy shows how employers can develop drug and alcohol policies that meet health and safety concerns and respect human rights," said OHRC chief commissioner Renu Mandhane. The updated policy gives more information about situations in which drug and alcohol testing may violate the Ontario Human Rights Code. For example, it has more information about testing before the job, reasonable grounds and post-incident testing, random testing and testing as part of a rehabilitation plan. It also lays out this information in a more user-friendly format, with examples and easy-to-understand charts. The updated policy sets out additional criteria an employer must meet to justify random testing, such as demonstrating evidence of risk in a particular workplace. It also identifi es how a positive test triggers the "duty to inquire" into whether someone has needs that relate to a disability, and how this can be done respectfully and confi dentially. These needs must then be accommodated, unless doing so would cause undue hardship, said OHRC. The updated policy identifi es in what circumstances someone who uses drugs or alcohol recreationally might be considered to have a "perceived disability" and falls under the protection of the Ontario Human Rights Code. Workplace drug and alcohol testing is contentious because it refl ects how human rights, privacy rights and employer requirements can collide. OHRC says the updated policy represents its best advice on how employers can respect the human rights of people with addictions to drugs or alcohol — or perceived addictions to drugs or alcohol — when it comes to testing. "Drug and alcohol testing in the workplace remains challenging terrain for employers... to navigate," said Bill Greenhalgh, CEO of the Human Resources Professionals Association in Toronto. "The OHRC's updated policy provides clear, concise guidance on how to balance what are, at times, competing factors: the importance of providing a safe workplace for everyone and the need to respect the privacy and the human rights of your employees." Saskatchewan now presuming psychological injuries work-related A recent change to Saskatchewan's Workers' Compensation Act has been introduced that will expand workers' compensation coverage to workers suffering psychological injuries. The amendment establishes a rebuttal presumption for all forms of psychological injuries, meaning it is presumed that a worker has a work- related injury and would not have to prove it occurred in the workplace. "We are committed to protecting our workers, especially those who protect us," Labour Relations and Workplace Safety Minister Don Morgan said. "Many of the people suffering from psychological injuries such as post- traumatic stress disorder are our fi rst responders who are exposed to trau- matic situations because of their jobs." To qualify for coverage, a worker will need to provide a diagnosis from a psychologist or psychiatrist. Previously, workers were required to provide additional proof that their psychological injury was work- related when fi ling their Workers' Compensation Board (WCB) claim to be eligible for compensation. "We know the stigma attached to psychological injuries and illnesses often prevents people from getting help," Morgan said. "By reducing barriers, our hope is that more people feel conf ident seeking suppor t, including applying for benefi ts from the WCB." The Saskatchewan Government and General Employees' Union (SGEU) welcomed the legislative change. "We know that many front-line workers suffer from psychological illnesses, such as post-traumatic stress disorder, as a result of the stressful, dangerous and sometimes violent nature of the work they do," said Bob Bymoen, SGEU president. "Emergency medical workers, corrections workers, social workers, crisis workers and many others who confront dangerous and disturbing events in the course of their work lives need and deserve a wide range of supports." The union pointed to a 2003 study that identifi ed signifi cant levels of PTSD in provincial corrections staff. More than 25 per cent of corrections employees reported symptom levels suggesting a probable clinical diagnosis of PTSD. This is a rate much higher than in the general population and comparable to rates identifi ed in other high-risk groups, such as combat veterans, prisoners of war, disaster survivors and emergency first responders, SGEU said. "It is likely that exposure to traumatic events, and the damaging consequences to corrections workers, has increased over the past decade because facilities have become more violent, dangerous places as a result of issues like overcrowding and gang- related violence," Bymoen said. While ot her provinces have established a rebuttal presumption for post-traumatic stress disorder, Saskatchewan is the fi rst province to enact legislation that covers other forms of psychological injury workers could suffer as a result of being exposed to traumatic events or situations at work. OHRC updates policy on drug, alcohol testing he Ontario Human Rights Commission (OHRC) has TSB releases new Watchlist T he Transportation Safety Board of Canada (TSB) released its latest safety Watchlist, at the same time announcing a more proactive approach to engage government and industry leaders in making safety improvements across Canada's transportation network. "No longer is it enough to point out a problem and wait for others to take notice," said TSB chair Kathy Fox. "In the next few days and weeks, we'll meet with key stakeholders to push for con- crete action." This year's edition of the Watchlist, which identifi es the key safety issues that need to be addressed in the air, marine and rail sectors, features two new issues. "Fatigue has been a factor in numer- ous railway investigations, most notably regarding freight train operations," said Fox. "Too many train crews aren't get- ting the rest they need, whether it's shifts that are too long or irregular scheduling that interferes with normal sleep times. It's time for the railway industry to start applying fatigue science to crew schedul- ing, instead of calling for more studies." Fox said the second new issue is Trans- port Canada's slow progress addressing previous TSB recommendations, some- thing that affects all aspects of the transportation network, with potentially adverse outcomes. Of the other issues on this year's Watchlist, Fox said safety management systems have not yet been mandated in all sectors of the transportation indus- try, and Transport Canada must oversee them effectively. The TSB also noted the safety culture in the fi shing indus- try needs to change to prevent needless loss of life and injuries. And in spite of strong safety measures taken by Trans- port Canada regarding transportation of fl ammable liquids by rail, the risk will persist in the system until the new tank car standards and effective risk controls are fully implemented, TSB said. The board also said the railway indus- try is not reaping the safety benefi ts of on-board voice and video recorders in locomotive cabs. Additionally, while some airports are making runway ends safer to reduce the risk of runway over- runs, there is no requirement to do so for all major airports. Lastly, the risk of runway incursions is too high, which could lead to a catastrophic accident, said the TSB. WATCHLIST 2016: • Safety management and oversight • Slow progress addressing TSB recommendations • Commercial fi shing safety • Fatigue management systems for train crews •Following railway signal indications • On-board voice and video recorders • Transportation of fl ammable liquids by rail • Risk of collisions on runways • Runway overruns • Unstable approaches.

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