For employers in the aviation industry, the safety-sensitive nature of the workplace, coupled with recent incidents involving intoxicated crew members, is driving the need to respond before recreational cannabis becomes a real concern. Many employers may believe that they will be able to treat recreational cannabis in the same way that alcohol is currently treated under existing drug and alcohol policies. While this is true to a certain extent, the fact that cannabis is recognized as having some legitimate medicinal properties, as well as the limits of current testing devices, puts recreational cannabis into its own category, distinct from both alcohol and medical cannabis.
Drugs and bad weather caused a deadly plane crash in the Northwest Territories. A cargo plane crash that killed two pilots in 2015 was likely caused by the intoxication of one of the pilots. In Texas, a hot air balloon pilot on a combination of drugs flew the balloon into a power line and killed all 16 passengers. A driver for the Toronto Transit Commission (“TTC”) tested positive for on-duty drug use just six weeks into the TTC’s new random drug testing policy. In light of headlines such as these, and the impending legalization of cannabis, the Transportation Safety Board has called for the implementation of a mandatory and comprehensive substance-abuse program, including testing. Aviation employers will need to develop or refine their existing drug and alcohol policies and implement procedures to protect against the risks associated with cannabis use in a safety-sensitive workplace by employees responsible for the safe operation of flights and related operations .FLYING HIGH: THE AVIATION INDUSTRY AND CANNABIS
This White Paper presents information and recommendations for aviation industry employers, including:
- signs of impairment to watch for;
- employers’ obligations with respect to accommodation and safety;
- information about the current state of the law; and
- dealing with potential substance use or abuse problems through workplace policies .
Who are we?
As a boutique labour and employment law firm, Emond Harnden has represented the interests of management in both official languages for over 30 years. Originally rooted in the Ottawa community, we have grown to represent employers in all provinces and territories of Canada. Supported by a unique internal Research Department, our firm provides timely, proactive and strategic advice as well as training on topics which are current and critical to the knowledge base of human resource professionals. Our lawyers have extensive experience representing their clients in front of all levels of courts and tribunals up to the Supreme Court. Emond Harnden helps clients resolve workplace challenges in a cost-effective and strategic manner. It represents a critical resource for navigating the ever-changing human resources landscape.
Your Aviation Team Leads
Whether you are a union or non-union employer, think of us as your trusted advisor navigating the workplace relationship from employee onboard to departure.
Steven Williams
Steven has the pleasure of serving the human resources and labour relations law needs of a diverse range of fixed and rotary wing operators, airports, flight schools, government agencies responsible for varying aspects of Canada’s aviation community and industry groups. Secondments to an airline and NAV CANADA gave him firsthand industry experience and an appreciation of the importance of practical solution focused advice.
613-940-2737
Jacques Emond
Jacques has more than 30 years of experience serving the needs of Canada’s aviation industry. He was tasked to lead the team of lawyers advising NAV CANADA on human resources and labour relations matters when it was transferred from government. Since then, he has worked with NAV CANADA to continuously improve employee and labour relations.
613-940-2730
Larissa Volinets Schieven
Larissa joined Emond Harnden as an Associate after completing her articles and a term as a summer student with the firm. Larissa practices in all areas of labour and employment law, including human rights matters. Larissa has experience in the unique human resources issues arising in the aviation sector, and is a part of Emond Harnden’s Aviation Practice Group. Larissa has been involved in preparing training bond agreements, dealing with issues arising from averaging and modified work schedules, and drafting drug and alcohol policies.
613-7660 ext 230
Lauren Jamieson
Lauren is an Associate with Emond Harnden and is a part of the Aviation Practice Group. She practices in all areas of labour and employment law, including privacy and human rights. Lauren has experience preparing employment agreements, drafting drug and alcohol policies, preparing training bond agreements, dealing with issues arising from averaging and modified work agreements, and navigating concerns relating to cannabis in the workplace.
613-563-7660 ext 236