Substance abuse is a danger to the health and safety of Employees, children and other authorized visitors. Accordingly, Kids Come First (the “Centre”) is a safety-sensitive work environment and the Centre has a zero-tolerance policy regarding the use of drugs, alcohol or any substance causing an Employee to be under the influence while in the workplace. Alcohol, recreational cannabis and drugs that are not medication are not permitted anywhere at the Centre by any Employee, child, family of child or visitor.
Definitions
“Medication” includes a drug obtained legally, either over the counter from a pharmacy or through a prescription issued by an authorized medical practitioner. For this policy, medications of concern are those that may inhibit Employees’ ability to perform their job safely and productively. Medication includes medical cannabis but not recreational cannabis.
“Medical cannabis” refers to cannabis that is consumed by persons who have the medical authorization from a health care professional to do so in accordance with the medically-prescribed time, amount and/or method of use and in accordance with the Access to Cannabis for Medical Purposes Regulations (“ACMPR”) and any other applicable legislation.
“Recreational cannabis” refers to any cannabis that is not medical cannabis.
“Under the influence” refers to a state induced by drugs or alcohol which may compromise or adversely affect the user’s thoughts, actions, coordination and/or concentration level.
Expectations
The manufacture, possession, distribution, transfer, purchase, sale, use, or being under the influence of alcohol, drugs that are not medication, including recreational cannabis while on the Centre’s property, while attending to childcare related activities, or while on duty is strictly prohibited and may lead to disciplinary action up to and including termination.
Employees are prohibited from coming to work while under the influence by alcohol, recreational cannabis or drugs that are not medication. Accordingly, Employees should not consume alcohol or drugs that are not medication, including but not limited to recreational cannabis, in between same-day shifts to avoid violation of this policy. The Centre reserves the right to conduct appropriate inquiries if there is a concern that an Employee may be under the influence at work and to send the Employee home.
Under the Professional Misconduct regulation to the Early Childhood Educators Act, 2007, practicing or purporting to practice the profession while under the influence of any substance which the Employee knows or ought reasonably to know impairs his or her ability to practice constitutes professional misconduct.
Under the Occupational Health and Safety Act, all Employees have an obligation to report any co-worker to the Human Resources department if they are suspected of using drugs or alcohol while on Centre property, while attending childcare related activities, or while on duty. An Employee found to have failed to report a known incident of drug or alcohol use may be subject to disciplinary action up to and including termination of employment.
Medication and Accommodation
An Employee may use physician prescribed or over-the-counter medication provided that the use of such drugs does not adversely affect the safe and effective job performance of the Employee or any other individuals at the Centre. An Employee whose prescribed or over-the counter medication may cause the Employee to become under the influence and/or may affect his or her job performance must immediately report such use to his or her Supervisor/Manager prior to the beginning of his or her scheduled shift. An Employee does not have to disclose their specific medical diagnosis; however, they may be required to provide a medical prescription for the use of the medication.
The disclosure of use and the proper use of medication is not grounds for disciplinary action. The Centre will work with Employees who request and/or require accommodation to explore accommodation options that are safe, effective and mutually agreeable.
Should an Employee be required to consume medical cannabis prior to attending work or at the Centre, he or she must report the use to the Supervisor/Manager as the consumption of such substance may affect the performance of his or her duties. The Centre will outline appropriate parameters for the consumption of medical cannabis while complying with the Ontario Human Rights Code.
Employees who are prescribed the use of medication that may result in them being impaired at work agree that the Centre may require the Employee to submit to an Independent Medical Examination (“IME”) in the event that the medical information received from the Employee’s treating physician is deficient or insufficient for the Centre to fulfill its accommodation obligations and/or its obligations under the Occupational Health and Safety Act.