Duty of care owed to employees with addiction

Dear Blue Collar,

To what extent are employers required to accommodate addiction? One of our guys had his driver’s license revoked and he tells me I’m somehow responsible for his transportation. Would you clarify?

Answer: Where a worker has a demonstrable history of alcoholism, employers are obligated to accommodate that disability to a point of undue hardship. Reasonable accommodation normally will involve granting appropriate leave to attend a detoxification or rehabilitation program. However, the onus is on the employee to prove that he’s substantially limited in his ability to walk, talk, think, or work as a consequence of uncontrolled drinking.

Bear in mind that employers are not required to tolerate off-the-job, alcohol-related misconduct that may affect an employee’s ability to do his or her duties. If a job requires a driver’s license, for example, an employer would be permitted to terminate an alcoholic employee who lost a driver’s license as a result of a conviction for driving under the influence.

In your case, assuming the worker’s disability is valid, reasonable accommodation could include transportation—to a point of undue hardship. Seek a legal opinion if you feel the demands made upon you are unreasonable.

Call (780)-340-5727 to speak with our 541 Eagleson Wynd, Edmonton T6M 0Y4 team for free.
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Ben Barfett

Ben Barfett is an Alberta-based WCB advocate and disability management consultant with nearly a decade of experience working directly inside the workers' compensation system. He has successfully represented clients at the Appeals Commission, the DRDRB, and other provincial tribunals across Western Canada — with many of those decisions published on CanLII. Blue Collar serves both injured workers and employers across Alberta and Western Canada.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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