Safety sensitive employer’s drug and alcohol policy didn’t discriminate because worker had chance to seek help without penalty before accident
An Alberta worker's dismissal after he admitted to using cocaine following a workplace incident was not discriminatory because the worker had an opportunity to seek help for his addiction beforehand, the Alberta Court of Appeal has ruled.
Ian Stewart was a heavy equipment operator for Elk Valley Coal Corporation at a coal mine near the Cardinal River in Alberta. Stewart’s duties included operating a 170-ton truck, a 260-ton truck, a wheel loader, and a plant loader.
