While the Company recognizes the obligation to provide Accommodation to those who are disabled by a Substance Use Disorder or those that have to take Lawful Substances that cause an Employee not to be Fit for Work/Duty, failure to comply with this Policy may lead to disciplinary action up to and including dismissal taking into account all relevant factors and circumstances, and adhering to the principles of just cause. E. Seeking Assistance for a Substance Use Disorder Any Employee who believes they have an actual or suspected Substance Use Disorder and/or wishes to access services for treatment for a Substance Use Disorder is to contact both Employee Health Services and their Manager. If an Employee is indicating that they have an actual or suspected Substance Use Disorder, the Company will make arrangements for the Employee to be assessed with the Employee’s consent. If a Substance Use Disorder disability is determined to be present the Company will provide reasonable Accommodation to the point of undue hardship. The Company may require an Employee who seeks or is undergoing treatment to enter into a Return-to-Work Agreement, a requirement of which may be that the Employee submits to periodic testing for Unauthorized and/or Unlawful Substances as described below. The Company will support Employees who have a Substance Use Disorder to undertake a rehabilitation program, including, but not limited to, providing a leave of absence to allow Employees to receive treatment, unless it can be shown that such Accommodation is not possible without causing the Company undue hardship. No Employee with a Substance Use Disorder will be disciplined or terminated because of the Employee’s involvement in a rehabilitation effort or for voluntarily requesting rehabilitative help in overcoming an addiction problem. Involvement in a rehabilitative effort or seeking rehabilitative help for an actual or suspected Substance Use Disorder after a “significant work-related incident” or “high potential incident” (as defined below in clause G.(3)(a)) has occurred, or after a demand is made for the Employee to undergo testing for reasonable cause under this Policy, will not prevent an Employee from being disciplined or dismissed. An Employee’s use of EFAP or other rehabilitative efforts does not eliminate the requirement of meeting satisfactory performance levels or compliance with this Policy, including contacting the Company with respect to an actual or suspected Substance Use Disorder, and/or a desire to access services for treatment. After advising the Company of an actual or suspected Substance Use Disorder the Employee may choose to contact or utilize their own or preferred Substance Use Professional (SAP). Where an Employee chooses to contact their preferred SAP, the Company may require appropriate proof to establish the SAP is appropriately qualified.
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