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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
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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.

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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.

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