The no free accident rule is designed to encourage safety by encouraging employees with substance abuse problems to come forward and obtain treatment before their problems compromise safety.

In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada recently reaffirmed the two-part test for discrimination in the workplace. Centered on the termination of an employee’s employment for drug use in violation of a drug and alcohol policy, this decision reinforces employers’ ability to implement and rely upon drug and alcohol policies aimed at promoting a safe workplace.

Facts

Elk Valley Coal Corporation implemented an Alcohol, Illegal Drugs & Medication Policy (“Policy”) aimed at promoting safety at its mine. The Policy contained a “No Free Accident Rule” – employees who disclosed any dependence or addiction issues would be offered rehabilitation and treatment without fear of reprisal; however, employees who failed to disclose dependency or addiction … Continue reading “SCC upholds dismissal of employee for failing to disclose cocaine use in violation of no free accident rule”