Policy No. 81 — Substance Abuse Policy

Barrington, Nova Scotia

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1 Policy No. 81 "Substance Abuse Policy" POLICY NO. 81 MUNICIPALITY OF THE DISTRICT OF BARRINGTON SUBSTANCE ABUSE POLICY 1. APPLICATION 1.1. This policy applies to all members of Council, employees and volunteers of the Municipality of the District of Barrington. 2. PURPOSE 2.1. The Municipality of Barrington is committed to the health and safety of its members of Council, employees and volunteers and has adopted this policy to communicate its expectations and guidelines surrounding substance use, misuse, and abuse. 2.2. Members of Council, employees or volunteers under the influence of drugs or alcohol on the job can pose serious health and safety risks to both themselves and their fellow members of Council, employees or volunteers. To help ensure a safe and healthy workplace, the Municipality of Barrington reserves the right to prohibit certain items and substances from being brought on to or present on municipal property. 3. DEFINITIONS 3.1. In this policy: a) "Alcohol" means any beverage containing any quantity of alcohol, including, beer, wine, and distilled spirits. b) "Drug" means any substance which can change or adversely affect the way a person thinks or feels, whether obtained legally or illegally. This could include recreational cannabis, cocaine, opiates, and amphetamines. c) "Drug Paraphernalia" means material or equipment used or intended for use in injecting, ingesting, inhaling, or otherwise introducing a drug, illegal or controlled, into the human body. 2 Policy No. 81 "Substance Abuse Policy" d) "Fit for Duty" also referred to as "Fit to Work", is defined by the Canadian Centre for Occupational Health and Safety as a "medical assessment done when an employer wishes to be sure an employee can safely do a specific job or task" (Canadian Centre for Occupational Health and Safety). e) "Medication" includes a drug obtained legally, either over the counter or through a prescription issued by an authorized medical practitioner. For this policy, medications of concern are those that inhibit a worker's ability to perform their job safely and productively. 4. EXPECTATIONS 4.1. The following expectations apply to members of Council, employees and volunteers alike while conducting work on behalf of the Municipality of Barrington, whether on or off municipal property: a) Members of Council, employees and volunteers are expected to arrive to work fit for duty and able to perform their duties safely and to standard; b) Members of Council, employees and volunteers must remain fit for duty for the duration of their shift; c) Use, possession on person, distribution, or sale of drugs or alcohol during work hours, including during paid and unpaid breaks, is strictly prohibited; d) Members of Council, employees and volunteers are prohibited from reporting to work while under the influence of recreational cannabis and any other non- prescribed substances; e) Use and possession on person of medically prescribed drugs is permitted during working hours, subject to the terms and conditions of the Municipality of Barrington's policies and all applicable legislation; f) Members of Council, employees and volunteers on medically approved medication must communicate to management any potential risk, limitation, or restriction requiring modification of duties or temporary reassignment; and g) Members of Council, employees and volunteers are expected to abide by all governing legislation pertaining to the possession and use of cannabis. 5. ROLE AND RESPONSIBILITIES 5.1. The Municipality of Barrington will: a) Clearly communicate expectations surrounding alcohol and drug use, misuse, and 3 Policy No. 81 "Substance Abuse Policy" abuse; b) Maintain a program of employee health and awareness; c) Provide a safe work environment; and d) Review and update this policy regularly. 5.2. Management will: a) Identify any situations that may cause concern regarding an employee's ability to safely perform their job functions; b) Ensure that any employee who asks for help due to a drug or alcohol dependency is provided with the appropriate support (including accommodation) and is not disciplined for doing so; and c) Maintain confidentiality and employee privacy. 5.3. Members of Council, employees and volunteers must: a) Abide by the provisions of this policy and be aware of their responsibilities under it; b) Arrive to work fit for duty, and remain so for the duration of their shift; c) Perform work safely in accordance with established safe work practices; d) Avoid the consumption, possession on person, sale, or distribution of drugs or alcohol on municipal property and during working hours (even if off municipal property); e) When off duty, refuse a request to come into work if unfit for duty; f) Report limitations and required modifications as a result of prescription medication; g) Report unfit co-workers to management; h) Seek advice and appropriate treatment, where required; i) Communicate dependency or emerging dependency to management or CAO; and j) Follow the after-care program, where established. 6. SUSPICION OF IMPAIRMENT 6.1. The following procedure may be enacted if there is reasonable belief that a member of Council, employee or volunteer is impaired at work or on municipal property: a) If possible, another member of Council, the employee or volunteer's manager or 4 Policy No. 81 "Substance Abuse Policy" supervisor will first seek the Warden's, manager's or supervisor's opinion to confirm the member of Council, employee or volunteer's status. b) Next, the Warden, manager or supervisor will consult privately with the other member of Council, employee or volunteer to determine the cause of the observation, including whether substance abuse has occurred. Suspicions of a member of Council's, employee's or volunteer's ability to function safely may be based on specific personal observations. If the member of Council, employee or volunteer exhibits unusual behaviour including but not limited to slurred speech, difficulty with balance, watery or red eyes, or dilated pupils, or if there is an odour of alcohol or cannabis, the member of Council, employee or volunteer should not be permitted to return to their assigned duties in order to ensure their safety and the safety of other members of Council, employees and volunteers or visitors to the workplace. c) If a member of Council, employee or volunteer is considered impaired and deemed "unfit for work," this decision is made based on the best judgement of the Warden and CAO or two members of management and following the Municipality of Barrington's Fit for Duty definition. It DOES NOT require a breathalyser or blood test. The member of Council, employee or volunteer may be advised that Municipality of Barrington has arranged a taxi or shuttle service to safely transport them to their home address or to a medical facility, depending on the determination of the observed impairment. The member of Council, employee or volunteer may be accompanied by the Warden, CAO, manager, supervisor or another employee if necessary. d) An impaired member of Council, employee or volunteer will not be allowed to drive. The member of Council, employee or volunteer should be advised if they choose to refuse the Municipality of Barrington's organized transportation and decide to drive their personal vehicle, the Municipality of Barrington is obligated to and will contact the police to make them aware of the situation. e) A meeting may be scheduled for the following work day to review the incident and determine a course of action which may include a monitored referral program as part of a treatment plan. 7. USE AT WORK 7.1. The use of alcohol, drugs, and drug paraphernalia on municipal property is prohibited. Municipal property encompasses all municipal owned or leased property used by members of Council, employees and volunteers, including without limitation parking lots, vehicles, lockers, offices, and closets. 8. SUBSTANCE DEPENDENCY 8.1. The Municipality of Barrington understands that certain individuals may develop a chemical 5 Policy No. 81 "Substance Abuse Policy" dependency to certain substances, which may be defined as a disease or disability. Members of Council, employees and volunteers are not excused from their duties as a result of their dependencies. The Municipality of Barrington promotes early diagnosis. Any employee who suspects that they might have an emerging drug or alcohol problem is expected to seek appropriate treatment promptly. 8.2. The Municipality of Barrington will work with the individual who requests accommodation in an effort to ensure that the measures taken are both effective and mutually agreeable, up to the point of undue hardship. Members of Council, employees and volunteers are encouraged to communicate any need for accommodation to their immediate supervisor, and to work with them in addressing the concern. 9. VOLUNTARY IDENTIFICATION 9.1. Members of Council, employees and volunteers are encouraged to communicate if they have a dependency or have had a dependency so that their rights are protected, and they can be accommodated appropriately. Members of Council, employees and volunteers will not be disciplined for requesting help or due to current or past involvement in a rehabilitation effort. 9.2. All medical information will be kept confidential by the Municipality of Barrington, unless otherwise authorized by law. 10. MEDICAL CANNABIS 10.1. Where a member of Council, employee or volunteer uses medical cannabis, it is expected they provide a copy of their medical documentation to the Municipality of Barrington. 11. AGREEMENT FOR THE CONTINNUATION OF EMPLOYMENT 11.1. The Municipality of Barrington reserves the right to invoke an agreement for the continuation of employment in accordance with a member of Council's, employee's or volunteer's commitment to become and remain alcohol- and drug-free. The agreement will outline the conditions governing the member of Council's, employee's or volunteer's return to the job and the consequences for failing to meet the conditions. 11.2. An agreement for the continuation of employment may include a requirement for drug or alcohol testing. 12. DISCIPLINARY ACTION 12.1. Members of Council, employees and volunteers may be subject to disciplinary action up to 6 Policy No. 81 "Substance Abuse Policy" and including termination for failure to adhere to the provisions of this policy, including but not limited to: a) Failure to meet prescribed safety standards as a result of impairment from alcohol or drugs; and b) Engaging in illegal activities (for example, selling drugs or alcohol while on municipal property).