Fit to Work

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Policy Number: OHS 017 Policy Title: Fit to Work 
Supersedes Existing Policy? N Policy Owner: Occupational Health and Safety 
Associated Procedure: Y Date Last Approved by the CET: January 30, 2019 
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1. Introduction 

As part of our commitment to Health and Wellness, Loyalist College is focused on proactively creating a culture of wellness for the betterment of students, staff and faculty. This includes providing a safe, healthy and productive workplace for the entire College community. It is the expectation that all employees and contractors working at Loyalist College will not use impairing substances— legal or illegal— before or during work hours to negatively affect their ability to perform their duties safely, competently and efficiently. 

The purpose of this policy is to: 

  • identify the health and safety responsibilities of members of the College community as they relate to being fit for work and maintaining a safe and accident-free environment; 
  • establish expectations for reasonable behaviour as it relates to the use of substances that could impact an individual’s judgment or their ability to perform their duties safely and competently; and 
  • provide all possible supports to employees who may need to use an impairing substance, and to do so while respecting their dignity and right to privacy. 
2. Application  

This policy is applicable to all Loyalist College employees and contractors while on duty on College premises, or while conducting College business off premises.   

3. Definition 

Impairing Substances: narcotics, illegal drugs, cannabis, prescription drugs as described. 

Fit to Work: not under the influence of any illicit drug, alcohol, or medication that will hinder job performance or compromise the safety of the employee. 

Safety Sensitive Job: a position that has a direct and substantial impact on the health and safety of an employee, other workers, visitors, the public, property and/or the environment (e.g., driving a vehicle, operating machinery, handling dangerous or potentially dangerous material, or having direct contact with people). 

4. Roles and Responsibilities 
  • 4.1 Employees will: 
    • Report to work, fit and competent to perform tasks safely, and remain so throughout their workday, without any limitations due to use or after-effects of an impairing substance. 
    • Seek special provisions when using a substance medically that the employee recognized affects their ability to work effectively. 
    • Advise their supervisor whenever they have any concerns about their own or their colleagues’ fitness for duties. 
    • Co-operate with HR/OHS in creating an appropriate plan to provide provisions for the use of impairing substances for medical purposes. 
    • Participate fully in any investigation of reported or suspected violations of this policy. 
    • Comply with the relevant provincial and federal legislation around possession and distribution of impairing substances while on College property or carrying out related activities. 
    • Comply with other relevant College policies around smoking/vaping and alcohol use on campus. 
  • 4.2 Supervisors and Managers will: 
    • Respond promptly to all situations where there are concerns about an individual’s ability to perform safely, ensuring that fitness to work is assessed immediately in the case of a ‘safety-sensitive’ position.   
    • Refer employees to HR/Occupational Health and Safety if they self-declare a substance use disorder and request that provisions are made. 
    • Ensure adherence to reporting requirements for workplace incidents and with the appropriate licensing bodies. 
  • 4.3 HR/Occupational Health & Safety Coordinator will: 
    • Provide guidance and direction to managers and supervisors in meeting their obligations under this policy.  
    • Provide support for and work with employees; including referral to Employee and Family Assistance Program or other care provider for assessment, treatment, and after-care services. 
    • Obtain medical documentation, which will include provision of prescription from a medical care provider. 
5. Contractors 

Contractors performing work for the College are bound by the requirements of this policy the same as College employees.  Procurement staff or the Project Sponsor is responsible for conveying this information to contractors as part of the job bid process. 

6. Safety Sensitive Positions 

In addition to the provisions contained in this and other relevant policies, employees in safety-sensitive positions must 

  • Report to work, fit for duty and must remain fit for duty throughout their work day.  
  • Consult with their personal physician or pharmacist to determine if medication use will have any potential negative effect on job performance and/or their or their co-worker’s health and safety. Any potential risks to health & safety should be reported to their supervisor or manager. 
  • Be aware that supervisors/managers are required to address any concerns raised with regards to an employee’s ability to perform their job safely, including concerns regarding potential impairment from medications.   
  • Be aware that they will be either removed from duty or removed from the safety-sensitive position, and asked to perform other duties if possible, if there are concerns related to an impairing substance that might hinder their job performance or compromise health and safety. 
7. Provisions for using an Impairing Substance for Medical Purposes 

An employee with a substance use disorder will not be disciplined or terminated as a result of requesting help to overcome a substance use disorder, or as a result of his or her participation and involvement in rehabilitation efforts. 

If an employee requires special provisions for medical purposes or a substance use disorder, it is required that the appropriate steps are taken as outlined in the Fit to Work procedure, Otherwise, substance use while on duty may be grounds for discipline and/or dismissal. 

8. Privacy and Confidentiality 

Information provided by the employee and his/her care providers is not shared with managers or supervisors beyond what is necessary.  Referrals to Employee and Family Assistance Program remain confidential and are not divulged to anyone at the College.   

9. Non-Compliance 

Impairment while on duty and false reporting are examples of violations of this policy, consequences of which may follow the progressive discipline process, up to and including termination.   

11. References