This procedure forms part of JIBC’S Workplace Impairment Policy (the “Policy”) and should be followed and applied in relation to response and investigation of workplace impairment under the Policy. Terms are as defined in the Policy.
The roles and responsibilities of the parties responsible for carrying out the obligations under the Policy and this Procedure are set out below:
Justice Institute of British Columbia
Any observable change in an employee’s behaviour or ability to perform regular job duties that is impacting work performance, attendance, or has the potential to lead to a risk of incident, injury, or illness for the employee or others, should be immediately reported to management or Human Resources, who will determine an appropriate course of action. It is important that all observations, discussions, or actions taken are documented, in writing, and in detail.
Signs of impairment may include, but are not limited to:
Investigations may occur when there are grounds to believe that an employee has violated the Policy. The employee should be able to provide a reasonable explanation for the behaviour or condition, and the manager shall take appropriate action to investigate any situation that may cause concern regarding an employee's behaviour, fitness for duty, or health and safety in the workplace.
The following process will be followed by managers if there is reasonable suspicion that an employee is impaired on JIBC premises. Reasonable suspicion that an employee is impaired will be based on objective observations of the employee’s behaviour, performance, and/or attendance. Note that not all steps may be applicable.
1. Contact onsite First-Aid responder or seek emergency medical assistance, where appropriate. In situations where the employee is violent or abusive, call 911 immediately and request assistance.
2. Address any immediate health and safety concerns applicable to the employee or individuals in the immediate vicinity. This should include requesting that the employee stop work immediately until fitness for duty can be assessed.
3. Document, in writing, all observations and where possible, seek input/support from Human Resources.
4. Arrange to meet with the employee to discuss your observations, concerns, and the employee’s fitness for duty. This meeting should take place in a private location and another member of management or Human Resources should be in attendance to witness and document the discussion. Confirmation of impairment and/or the conclusion that an employee is not fit for duty, will be made based on the best judgment of the present interviewers. A drug or alcohol test is not required to confirm impairment, subject to the form of discipline (if any) that may be imposed.
5. Where an employee is considered to be impaired on JIBC premises, the manager will:
a. Offer available resources and supports (e.g. Employee and Family Assistance Program); and
b. Make suitable arrangements for the employee’s safe transport home or to a medical facility.
i. The employee will be advised that JIBC has arranged transportation to the employee’s home address or a medical facility, depending on the severity of the observed impairment. In situations where an employee is struggling to maintain consciousness or is vomiting, alternative transportation (e.g., ambulance) should be called and the employee should not be left unattended at any time.
ii. An impaired employee will not be allowed to drive. The employee should be advised that if organized transportation is refused and the employee makes the decision to drive a personal vehicle, JIBC will contact the local authorities to report the situation.
6. An investigative meeting will be scheduled for the following regular work day to review the incident. Invitees to such meeting will include, but are not limited to: the applicable manager(s) and/or Human Resources representative who were present at the employee interview and any other attendees who are determined by the Vice-President, Human Resources to be relevant to the meeting.
7. After review of all relevant information and facts at the investigative meeting, a determination will be made as to whether a breach of the Policy occurred and the extent, if any, to which further intervention and/or discipline is warranted in accordance with this Procedure based on the individual circumstances.
Where there are reasonable grounds to believe that prohibited impairing substance(s) or illicit substances are present on JIBC premises in violation of the Policy, a search may be conducted of personal and/or JIBC property in accordance with applicable local laws. Managers must contact Human Resources to discuss their concerns and determine the necessity and legality of conducting a search in advance of proceeding.
Any search conducted in accordance with this Procedure shall be done in the presence of the employee and a representative from Human Resources.
The Vice-President, Human Resources or designate, will review each allegation of Policy violation on its individual merits and ensure that corrective measures are taken when an investigation determines that a Policy breach has occurred.
Policy violations, including refusals to cooperate with an investigation, may be cause for intervention and/or corrective measures. Measures may include, but are not limited to:
Last updated October 21, 2019
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