Case Study: Substance Abuse and Workplace Accommodation Decision

In the case NOV Enerflow ULC v Maude, 2024 ABKB 432, the Court of King’s Bench of Alberta addressed an important issue for employers: can an employee disagree with an employer’s recommended disability treatment plan? This case provides valuable insights for employers on how to handle such situations while ensuring legal compliance.

Note that this site information is for educational and informational purposes only and does not constitute medical or legal advice. Please review the applicable laws and regulations in your region for more information.

Case Background

Situation: An employee in a safety-sensitive role tested positive for cocaine during a random drug and alcohol test, conducted under the employer’s drug and alcohol policy. As per the company’s policy, the employee was suspended and referred to LifeWorks, a third-party service provider, for an assessment by a Substance Abuse Professional (SAP).

Diagnosis: The SAP diagnosed the employee with a moderate to severe substance abuse disorder and recommended residential treatment. The employer required the employee to complete this treatment before returning to work.

Employee’s Response: The employee disagreed with the SAP's assessment and preferred a shorter outpatient program, based on independent advice from Alberta Health Services (AHS).

Employer’s Position: LifeWorks was willing to consider the outpatient option but needed the employee’s consent to discuss the case with AHS. The employee refused to provide consent, blocking any further discussion. Consequently, the employer continued to insist on the residential treatment as they had not received evidence that the alternate treatment plan would suffice.

The Court’s Decision

Employee’s Complaint: The employee filed a complaint with the Alberta Human Rights Tribunal, claiming the employer discriminated against him (based on his disability) by not considering the outpatient treatment. The Tribunal initially ruled in favor of the employee, finding that the employer had unfairly relied on the SAP’s recommendation.

The Court’s Ruling: However, on appeal, the Court of King’s Bench found that the Tribunal had erred. The court noted that the employee had not provided any medical or professional evidence to show that the outpatient program was a viable alternative to residential treatment. Moreover, by refusing to allow LifeWorks to communicate with AHS, the employee prevented any proper consideration of the outpatient option.

Implications for Employers

The ruling reinforces the need for clear communication and cooperation in addressing health issues in the workplace.

Key takeaways:

• Employers can enforce policies about substance use disorders to ensure health and safety in their workplace.
• Employers must rely on the expertise of healthcare professionals and can request third party assessments when deciding on appropriate workplace accommodations.
• Employers must consider all potential accommodation options that satisfy their duty to accommodate.
• Employees must participate actively in the process. This includes providing the proper documentation to support their requests for accommodation. In this case, the employee was required to provide necessary consents to facilitate communication between their health care providers and third-party assessors.

Occupational Therapy Support

Occupational therapy professionals can be instrumental in these situations by providing comprehensive workplace assessments and helping to facilitate communication between all parties. They can assist in creating individualized accommodation plans that balance the employee's needs with workplace safety, ensuring a smoother return to work and accommodation process.

Contact us for more information on how Gowan Consulting’s Occupational Therapy team can help your employees and business succeed.

References

Hiebert, T., Franceschi, F., KC, & Wendel, C. (2024, July 26). The Court of King’s Bench of Alberta provides guidance to employers on accommodation for substance abuse treatment. Dentons Canadian Employment & Labour Law. https://www.employmentandlabour.com/the-court-of-kings-bench-of-alberta-provides-guidance-to-employers-on-accommodation-for-substance-abuse-treatment/