Firing after drug-fuelled accident upheld (Legal View)

Drug and alcohol policy didn’t discriminate because worker had chance to seek help
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 09/18/2015

Ian Stewart was a heavy equipment operator for Elk Valley Coal near the Cardinal River in Alberta. His duties included operating a 170-ton truck, a 260-ton truck, a wheel loader and a plant loader.


Elk Valley’s mining operation had many hazards so it endeavoured to keep its workplace as safety-sensitive as possible. This included an alcohol, drugs and medications policy it implemented in May 2005, updating an earlier policy that had been agreed to by the union.