Fit to Work Procedure

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

The purpose of this procedure is to provide the process for employees to report their use of an impairing substance during school hours, and to set out what steps are taken to investigate and mitigate substance abuse that affects an employee’s duties at Loyalist College.  

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. Medical Use of an Impairing Substance 
  • 3.1 An employee who seeks work provisions because they must use an impairing substance for medical purposes (e.g., cannabis or prescription medication), and has concerns about his/her ability to perform job tasks safely, or an employee has a substance use disorder, must first inform HR/OHS.   
  • 3.2 HR/OHS will record this information using the Medical Use of Impairing Substance Report form (Appendix A). The information required of the employee and his/her medical professional will facilitate the provision process while considering the potential safety risks associated with the required use.  Loyalist College is committed to providing provisions for such a disability up to the point of ‘undue hardship’ as prescribed in the Ontario Human Rights Code.   
    • It is the responsibility of any employee requesting these provisions to: 
      • Provide relevant documentation to HR/OHS (this need not include a diagnosis) 
      • Follow any medical directions relating to taking the medication 
      • Follow all precautions regarding impairment 
      • Participate in the process 
  • 3.3 Provisions are expected to be time-limited and progressive, and may take the form of:  
    • modification to an employee’s schedule to permit attendance at appointments for treatment 
    • modification to performance requirements or work schedule, based on functional abilities/restrictions provided by a health-care provider 
    • modification of work environment (e.g. assistive devices) 
    • outline of expectations regarding conduct and behaviour 
4. Determining Impairment and Incident Investigations 
  • 4.1 If a supervisor or co-worker becomes aware that an individual is showing signs of impairment, regardless of cause, they should confirm the suspected impairment using the Fit for Duty Checklist & Investigation form (Appendix B).  
  • 4.2 The checklist should be completed by the employee’s supervisor or manager.  All such actions should be handled with empathy, without judgment, and while maintaining strict confidentiality around divulging such information to only those who need to know. 
  • 4.3 If an employee requires urgent attention, or if they pose a serious risk to the safety of themselves or others, immediate action must be taken, which may include contacting Security or 911. 
  • 4.4 Incidents resulting from known or suspected impairment, as with all other staff incidents, must be reported and investigated.  This process will involve the employee, his/her manager or direct report, HR/OHS, and possibly witnesses, with a view to identifying root cause.    
  • 4.5 The investigation process may also include post-incident drug and/or alcohol testing for serious incidents.  (A serious incident would be one that results in a fatality, serious bodily injury, significant property damage/loss, or significant damage to the College’s reputation.)   
6. References