Attention All Members:
Re: New Management Policies – December 16, 2024
Today, management released two policies:
- Accommodation Policy
- Alcohol, Cannabis, Controlled Drugs, and Medication Policy.
Both policies have deficiencies and lack clarity. We’ve flagged our concerns with management and reserve the right to grieve. Here’s what you need to know:
Accommodation Policy:
- Your Rights Are Non-Negotiable: Management’s operational needs do not override their duty to accommodate. The legal test for “undue hardship” is a high bar, and we’ll hold management accountable to it.
- Lengthy Process: There is no reason management should have a minimum standard of two weeks to process an accommodation. Each accommodation is unique and the length of time required depends on the circumstances and complexity. Management should move quickly so that members can recover and remain at work when requiring workplace accommodation.
- Bring the Union In: If you’re requesting an accommodation, it is important to involve a Union Representative from the start. The Union will help you navigate the process, represent your interests, and protect your rights. If management tells you they can’t accommodate you, contact the union immediately—we’re here to help.
Alcohol, Cannabis, Controlled Drugs, and Medication Policy:
- The Basics: WorkSafeBC and the Workers Compensation Act prohibit impairment at work (see Section 22 of the Workers Compensation Act), but this policy raises more questions than it answers.
- Missing Information: There’s a problematic lack of detail about how this policy will work in practice. This raises serious concerns about how this policy will be implemented. For example:
- How will testing be done?
- How will test results be handled, and what privacy protections will be in place?
- What do “reasonable cause” and “safety-sensitive work” mean, and how will management decide who gets tested?
- How does management believe they can establish “reasonable cause” and what qualifications does management have to establish “reasonable cause” to send a member for testing?
- If You’re Sent Home: If management sends you home because they think you’re impaired, follow their direction, then immediately contact the union. Insist on having a union representative present for any investigative meetings or phone calls with management.
- Support for Substance Use Disorders: If you’re dealing with a Substance Use Disorder, speak with your doctor or a medical professional and connect with the union for support. We are here to advocate for you and defend your rights.
We’ll keep the pressure on management to answer these questions and address our concerns to ensure that your rights are protected. If you have any questions or need support, please get in touch with us at executive@ecpbc.ca. We’re here for you.
In solidarity
Donald Grant
President