I. ADDITIONAL DEFINITIONS:

The following additional definitions shall apply to this Appendix and references to the singular throughout shall be considered to include the plural and vice versa as the context requires.

All capitalized terms unless otherwise defined in this Appendix shall have the meaning as set out in the General Conditions and/or Supplementary Conditions of the Contract.

“Worker” means:

(a) any individual that the Contractor or a Subcontractor employs, contracts with or assigns to perform Work; and/or
(b) any Contractor or Subcontractor that is an individual.

“Drug” means any substance, including but not limited to alcohol, illicit drugs, medications, or other substances the use of which has the potential to change or adversely affect the way a person thinks, feels or acts. For purposes of this procedure, Drugs of concern are those that inhibit a Worker’s ability to perform Work safely and productively.

 “alcohol” refers to beer, wine and distilled spirits, and includes the intoxicating agent found in medicines or other products.

 “illicit drug” means any Drug or substance which is not legally obtainable and whose use, sale, possession, purchase or transfer is restricted or prohibited by law (e.g. street Drugs such as marijuana and cocaine).

 “medication” refers to a Drug obtained legally, either over-the-counter or through a doctor’s or Nurse Practitioner’s prescription.

“Drug Paraphernalia” means any personal property associated with the use of any Drug, substance, chemical or agent, the possession of which is unlawful in Canada.  This would also include any product or device that may be used to attempt to tamper with a testing sample.

“Extreme Fatigue” means physical and/or mental exhaustion that reduces a person’s alertness such that a safety hazard is created or results in an inability to safely perform Work.

“Fit for Duty” means, in the context of the Expectations, that a Worker is able, to safely and/or acceptably perform assigned duties without any limitations resulting from, but not limited to: the use or after-effects of illicit drugs, alcohol, and/or medications; the misuse of and/or failure to take prescribed medications; and/or Extreme Fatigue.

“On duty” is the time period commencing from when a Worker reports to perform Work up until the time he or she ceases to perform Work for the day, and includes lunch, break times and times between the portions of split crews.  On Duty also includes the time period in which an individual is required to be performing Work or is on stand-by to perform Work.

II. PURPOSE

The Commission has an overriding obligation to protect the health and safety of all individuals by ensuring that all Workers performing Work are Fit for Duty, as defined in this Fitness for Duty Expectations for Contractors Procedure (“Expectations”). In light of this obligation, and recognizing the safety-sensitive nature of The Commission operations, the Expectations are intended to outline in more detail the standards associated with being Fit for Duty while performing Work.

III. APPLICATION

Contractors are encouraged to implement their own Fitness for Duty policy. At a minimum, a Contractor is expected to ensure, that all Workers they employ, contract with, or assign to perform Work, and to ensure that Subcontractors and their workers, understand and meet the requirements set out herein. These requirements are to be applied, with appropriate modification in the circumstances, while maintaining the purpose of the Expectations.

IV. RESPONSIBILITIES

i. Contractor Responsibilities

Contractors are expected to:

 - adhere to the requirements of the Expectations and ensure, by enforcing these requirements, that their Workers and Subcontractors do the same.

ii. Worker Responsibilities

Workers performing Work are expected to adhere to the requirements of the Expectations including, but not limited to:

 - reporting Fit for Duty, and remaining fit while On Duty or otherwise on Site; 
 - co-operating with any investigation required by the Expectations; and
 - taking appropriate action(s) to minimize any safety risk.

If unexpected circumstances arise where a Worker is requested to perform Work while he or she is not Fit for Duty, it is the responsibility of the Worker to inform the Contractor or Subcontractor, as applicable, the Worker’s supervisor and/or a Commission representative that he or she cannot perform the Work.

iii. Subcontractor Responsibilities

Subcontractors are expected to adhere to the requirements of the Expectations, as applicable, and to ensure, by enforcing these requirements, that their Workers and any Subcontractors they contract with do the same.

Subcontractors that are individuals are also expected to adhere to the requirements of the Worker Responsibilities, set out above. 

V. STANDARDS

i. Illicit Drugs

The following are prohibited while On Duty or otherwise on Commission premises or worksites:

 - reporting for duty or remaining On Duty under the influence of illicit drugs;
 - consuming any illicit drugs during meals or other breaks; and
 - the use, possession, distribution, offering or sale of illicit drugs or Drug Paraphernalia.

ii. Alcohol

The following are prohibited while On Duty or otherwise on Commission premises or worksites:

 - the use, possession, distribution, offering, or sale of alcohol;

 - reporting for duty or remaining On Duty under the influence of alcohol from any source; and
 - consuming any product containing alcohol.

iii. Medications

Workers are expected to responsibly use all medications. They should investigate (through their doctor or pharmacist) whether a medication can adversely affect performance or the safe operation of any equipment or machinery, including vehicles. They should also take appropriate steps to minimize associated risk, which would include notifying the Contractor or Subcontractor, as applicable, their supervisor or a Commission representative of their inability to perform Work safely. 

The following are prohibited while On Duty or on Commission premises or worksites:

 - the possession of prescribed medications without a legally obtained prescription;
 - the distribution, offering or sale of prescription medications (trafficking); and
 - the intentional misuse of medications (e.g. using the medication not as prescribed, using someone else’s medication or combining medication and alcohol use against direction).

iv. Extreme Fatigue

Workers are expected to report Fit for Duty and are responsible for taking appropriate action(s) to avoid Extreme Fatigue while On Duty. When performing Work, Workers are prohibited from reporting for duty or remaining On Duty when suffering from Extreme Fatigue. All Workers are responsible for:

 - ensuring sufficient rest periods prior to starting work and utilizing breaks provided within and between shifts to rest and recuperate; and
 - recognizing the symptoms of fatigue and reporting incidents of Extreme Fatigue to the Contractor or Subcontractor, as applicable, his or her supervisor and/or a Commission representative.

VI. INVESTIGATIONS AND REPORTING REQUIREMENTS

i. Fit for Duty  

a. Investigations by Contractors:

If there are reasonable grounds to believe that a Worker is not Fit for Duty, or has otherwise violated the Expectations, the Contractor is required to notify a Commission representative immediately, to remove the Worker from performing Work and to provide the Worker with an opportunity to explain the situation.

If the Contractor is unavailable or otherwise unable to have the Worker removed, The Commission will remove the Worker.

The Worker shall not perform any further Work, perform additional Work or enter upon any Site pending the results of the investigation without the permission of the Contractor.

All investigations by the Contractor must be performed to the Commission’s satisfaction. A Contractor must prepare a written report directed to the applicable Commission representative setting out the nature of its investigation and the results.  

b. Investigations by the Commission where Conflicts of Interests Exist:

In some circumstances, a conflict of interest will exist with regard to having the Contractor conduct an investigation into whether a Worker is Fit for Duty or has otherwise violated the Expectations, for e.g. where the Worker is a director, owner or officer of the Contractor, or where the Worker is an individual who does not have any employees and is directly engaged by the Commission. The Commission in its sole discretion will determine whether a conflict of interest exists preventing the Contractor from conducting the investigation.

If a conflict of interest exists, the Contractor shall not conduct an investigation into whether a Worker is Fit for Duty, or has otherwise violated the Expectations.  Instead, a Commission representative will conduct the investigation.

If reasonable grounds exist to believe that the Worker is not Fit for Duty or has otherwise violated the Expectations, he or she will be removed from performing any Work and given an opportunity to explain the situation to a Commission representative.  

If a Commission representative still believes that the Worker is unfit for duty or has otherwise violated the Expectations, after the Worker is provided with an opportunity to explain the situation, a Commission representative will consult with a second Commission representative.

The Worker shall not perform any further Work, perform additional Work or enter upon any Site pending the results of the investigation without the permission of the Commission.

The Commission will prepare a written report directed to the Contractor setting out the nature of its investigation and the results.   

ii. Alcohol and Drug Testing

Contractors are encouraged to implement an alcohol and Drug testing policy. When an investigation is conducted into whether a Worker is Fit for Duty, or has otherwise violated the Expectations, an alcohol and Drug testing policy will assist Contractors in complying with their obligations under applicable legislation, including the Occupational Health and Safety Act and the Human Rights Code.

iii. Impaired Driving Situations

If required to operate any vehicle, Workers must report the loss of a valid driver’s license to the Contractor, their supervisor and/or a Commission representative immediately. In addition, Workers are required to immediately report to the Contractor, their supervisor and/or a Commission representative the receipt of any impaired driving charges and/or suspensions received while operating a vehicle On Duty. 

iv. Possession of Alcohol or Drugs

Contractors are required to notify a Commission representative if they have reasonable grounds to believe that a Worker possesses alcohol and/or illicit drugs while performing Work or otherwise on Commission premises or worksites while On Duty. In cases where the Contractor or the Commission has reasonable grounds to believe this, the police must be contacted. If police do not conduct an investigation, the Commission in its sole discretion will determine if the Commission or the Contractor will conduct the investigation. A Worker may not perform any Work or additional Work pending the results of an investigation.

If a Contractor conducts the investigation, a report must be prepared setting out the nature of its investigation and the results. All investigations conducted by Contractors must be performed to the Commission’s satisfaction.

v. Worker Refusal to Participate in Investigation

Where a Worker refuses to participate in an investigation required by the Expectations, he or she will be directed to cease performing any Work and additional Work. 

VII. VIOLATIONS AND CONSEQUENCES

i. Violations

In the case of a confirmed violation of the Expectations, the Contractor and/or Worker shall not perform any further or additional Work and/or enter upon any Commission premises or worksites without the Commission’s written permission. If requested by the Commission, the Contractor and/or Worker must provide a written safety program detailing how the Contractor/Worker will ensure adherence to these Expectations when performing further and/or additional Work to obtain this written permission.

The decision to permit a Contractor and/or Worker to perform further and/or additional Work and to enter upon Commission premises or worksites, is at the sole discretion of the Commission. 

If the Contractor and/or Worker does receive the Commission’s written permission to perform further and/or additional Work, the Contractor and/or Worker must adhere to the written safety program, if applicable, and any imposed written conditions that the Commission in its sole discretion may determine are appropriate to ensure that future violations of the Expectations do not occur.

ii. Consequences 

Contractors that are in violation of the Expectations may be in breach of their contract with the Commission. This breach of contract may result in the Contractor being required to pay liquidated damages pursuant to the terms of the contract to the Commission, and/or suspension and/or termination of the contract.

At the sole discretion of the Commission, it may choose to not consider the Contractor who has violated these Expectations for additional Work for a period of one year from the date of the termination letter. In such an instance, during the one year period, the Contractor and/or Worker will be removed from the Commission’s bidders list and any bid submissions from the Contractor will not be considered. The Contractor and/or the Worker will also be prohibited from entering any Site.