Skip to content

Brought to you by

Dentons logo in black and white

Canadian Occupational Health & Safety Law

Keeping you current on OHS Laws and Developments in Canada.

open menu close menu

Canadian Occupational Health & Safety Law

  • Home
  • About Us

SCC upholds employer’s “no free accident” alcohol and drug policy: Stewart v Elk Valley

By April Kosten
June 19, 2017
  • Caselaw Developments
  • Safety Professionals - Practice Issues
Share on Facebook Share on Twitter Share via email Share on LinkedIn

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30). This is a landmark decision, reinforcing the right of employers to take proactive risk mitigation and management measures through alcohol and drug policies to ensure workplace safety.

In this case, Ian Stewart (“Stewart”) worked in a safety-sensitive mine operated by the Elk Valley Coal Corporation, Cardinal River Operations (“Elk Valley”). The employer implemented an alcohol and drug policy, which among other things, required employees to disclose addiction issues before any alcohol or drug-related incident occurred (“Policy”). Employees who self-disclosed would be offered treatment. Employees who failed to self-disclose in advance of an incident and subsequently tested positive for alcohol or drugs, could be terminated.

Read the full article

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
April Kosten

About April Kosten

April Kosten is a partner in the Employment & Labour Group in the Calgary office. Her practice focuses on management side labour, employment, human rights, administrative and privacy law.

All posts Full bio

RELATED POSTS

  • Caselaw Developments
  • Prosecutions / Charges

Man Criminally Guilty of Dangerous Operation of Farm Tractor

This case is of the “you thought you had heard everything” variety.  An Ontario man has been found guilty under […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Worker Guilty of Obstructing MOL Inspector by Refusing to Answer Questions

A worker who refused to answer a Ministry of Labour inspector’s questions during an accident investigation has been found guilty […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Criminal Guilty Plea from Supervisor Not Present, Not Aware of Hazardous Activity

A supervisor at a Quebec automobile dealership has pleaded guilty to a criminal charge arising out of a workplace accident […]

By Adrian Miedema

About Dentons

Across over 80 countries, Dentons helps you grow, protect, operate and finance your organization by providing uniquely global and deeply local legal solutions. Polycentric, purpose-driven and committed to inclusion, diversity, equity and sustainability, we focus on what matters most to you. www.dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • COVID-19
  • General
  • Government Safety Investigations
  • International Standards
  • Occupational Health and Safety
  • Other Safety Developments
  • Prosecutions / Charges
  • Safety – Risk Management
  • Safety Professionals – Practice Issues
  • Violence and Harassment

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2023 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site