Drug and Alcohol Policy
Drug and Alcohol Policy
Kelly Services (Canada) Ltd. (“Kelly Services”) is committed to ensuring the health and safety of its employees and maintaining the Company’s reputation for providing quality services. As part of this commitment, Kelly Services is dedicated to maintaining a drug and alcohol-free workplace and to protect employees from the dangers caused by alcohol and drug abuse.
Kelly Services recognizes that, in Canada, drug or alcohol dependency is considered a disability under human rights legislation, and disability discrimination is prohibited with respect to employment. Therefore, drug and alcohol testing should be administered only in specific, limited circumstances and in a manner that is consistent with Kelly Services’ accommodation obligations.
The Drug and Alcohol Policy applies to all employees of Kelly Services (Canada) Ltd, including Permanent (Core) Employees and Kelly Temporary Employees (KTEs).
Prohibitions – All Employees
Kelly Services prohibits substance abuse and the illegal use, possession, sale, exchange, or manufacture of controlled substances (as defined in the Controlled Drugs and Substances Act, the Narcotics Control Regulations or other applicable federal or provincial law), alcohol, inhalants, and drug paraphernalia on the premises of Kelly Services or its customers, in a vehicle supplied by Kelly Services or a customer, or in any way connected with the employee’s employment with Kelly Services or placement with a Kelly Services’ customer.
Employees are prohibited from being under the influence of controlled substances, alcohol or inhalants at all times during work hours, and at all times when an employee is engaged in business-related activities for Kelly Services or any of its customers.
Employees who are taking prescription or other drugs related to treatment for a medical condition shall not report to work or a business-related function if the use of such drugs impairs an employee’s ability to perform his or her work safely and competently, or otherwise renders the employee unfit to perform work.
Kelly will report to law enforcement authorities illegal drug-related employee activities, such as the sale of illegal drugs, that occur on the premises of Kelly Services or its customers, in a vehicle supplied by Kelly Services or a customer, or in any way connected with the employee’s employment with Kelly Services or placement with a Kelly Services’ customer. Kelly Services will cooperate in any criminal investigation of such activities.
Where an employee reports to work or a business-related function in violation of these prohibitions, he or she will be sent home pending an investigation. Kelly Services will assess the nature and severity of the violation, and may impose appropriate sanctions in its sole discretion, which may include discipline up to, and including, termination of employment.
Drug and Alcohol Testing – Permanent Employees
Kelly Services does not conduct pre-employment drug or alcohol testing of candidates being considered for hire as a permanent employee. Similarly, Kelly Services does not conduct random drug or alcohol testing of its permanent employees.
Kelly Services may require a permanent employee to undergo drug or alcohol testing, or both, where there is reasonable cause to suspect that the employee has consumed substances in violation of this policy. This may be the case, for example, where there are observations by supervisors or co-workers of behaviour that reasonably suggests that an employee may be impaired by a controlled substance, alcohol or an inhalant.
Kelly Services may also require a permanent employee to undergo drug or alcohol testing, or both, following accidents or other incidents involving unsafe or dangerous behaviour, which reasonably suggest that impairment by a controlled substance, alcohol or an inhalant may have been a contributing factor.
Where a permanent employee is assigned to work on a customer site that is subject to a customer’s own valid drug and alcohol testing policy, the permanent employee may be required to undergo drug and alcohol testing prior to entering the customer site in accordance with the customer’s policy, and may be subject to periodic testing for the duration of the assignment.
Should an employee test positive for controlled substances, alcohol or inhalants in violation of this policy, the employee may be subject to discipline up to, and including, termination.
If it is determined that the employee has a drug or alcohol dependency, the employee cannot return to work until he/she has successfully completed a Substance Abuse Program to the satisfaction of Kelly Services, and has submitted to a drug and alcohol test prior to the return to work. Employees who return to work following a positive test for controlled substances, alcohol or inhalants will be required to submit to follow-up drug and alcohol testing for a period of time determined by Kelly Services in its sole discretion. Any follow-up testing may be conducted on a random basis in Kelly Services’ sole discretion.
Drug and Alcohol Testing – Temporary Employees
All drug and alcohol testing provisions applicable to Kelly Services permanent employees also apply to Kelly Temporary Employees, subject to the following amendments and additional provisions.
Where a Kelly Temporary Employee is assigned to a safety-sensitive position at a customer site and the customer has a valid drug and alcohol testing policy in effect, the Kelly Temporary Employee may be required to undergo either pre-employment or pre-placement drug or alcohol testing as required under the customer policy.
Similarly, where a Kelly Temporary Employee is assigned to a safety-sensitive position at a customer site and the customer has a valid drug and alcohol testing policy in effect, the Kelly Temporary Employee may be subject to periodic or random testing throughout the duration of the assignment.
Kelly Temporary Employees may be subject to any other provisions of a valid drug and alcohol policy in effect at a customer’s site.
Customer Policies – General
Whenever drug or alcohol testing is required under the terms of a customer’s policy, Kelly Services will work with the customer to seek to ensure that any testing is done, so far as possible, in a manner consistent with this policy. Kelly Services will also take reasonable steps to ensure that any testing and handling of test results is done in a manner that protects confidentiality and the privacy interests of employees of Kelly Services.
Getting Help with a Substance Abuse Problem
To get help with a substance abuse problem, visit the Canadian Centre on Substance Abuse Web site at www.ccsa.ca for a list of treatment organizations in your province or territory. Permanent employees of Kelly Services may also communicate with Shepell-fgi, our EAP provider.
If you have questions regarding this policy, consult your manager for further guidance.
If you are a Manager and need assistance interpreting the policy:
- For permanent employees, contact your Human Resources Business Partner.
- For Kelly Temporary Employees contact Manager, Regulatory Compliance - Kim Myles-Barclay @ 905-725-5370.