Self-Reporting Drug Use Policies At Work: Are They Discriminatory?

The Alberta Court of Appeal's decision in Stewart v Elk Valley Coal Corporation (2015 ABCA 225) on June 30, 2015 is of note to employers seeking to strengthen policies aimed at reducing drug and alcohol abuse in safety sensitive workplaces.

Mr. Ian Stewart worked as a load operator in a coal mine operated by Elk Valley Coal Corporation (EVCC). Both the coal mine and Stewart's position were safety sensitive.

Stewart was involved in a vehicle collision on the worksite. Following the accident, Stewart tested positive for cocaine and his employment was terminated. EVCC advised Stewart that it would consider re-hiring him if he successfully completed a rehabilitation program and agreed to participate in a recovery maintenance agreement.