brochure policy e.qxd

Prevention our safe choice
Policy to Prevent Workplace Alcohol and Drug Problems
POLICY AND GUIDELINES

Prevention: our safe choice
POLICY TO PREVENT WORKPLACE ALCOHOL & DRUG PROBLEMS
As part of CN's unwavering commitment to safety, all employees must do their utmost to safeguard them-selves, their coworkers, their customers and their communities at all times. To perform at your best, you needthe reassurance that you're working in a healthy and safe environment and have complete confidence inyour colleagues' ability to perform.
A fundamental part of our commitment to health and safety is the company's zero tolerance for impairmentin the work place, which is described in this booklet: CN's Policy to Prevent Workplace Alcohol and DrugProblems. This policy, which was introduced in 1997 and updated in 2004, is one of our key strategies toensure that we are the safest railroad in North America. It covers all employees of CN and its subsidiaries inCanada, as well as contractors and tenants, and sets a higher standard for those employees who work insafety sensitive positions.
This booklet also contains guidelines to help you understand exactly how the policy is applied. It is yourresponsibility to read the policy and guidelines to become fully familiar with them, as well as their applicationand consequences for you in your job Keep in mind that our policy stresses prevention, as well as assistance, for employees who may be havingproblems. These services, largely coordinated through CN's award-winning Employee and Family AssistanceProgram, are free of charge and strictly confidential. The EFAP is there to help employees and their familiescope with a broad range of personal problems, including divorce and marital issues, stress and anxiety,childcare, eldercare, financial and legal problems, and bereavement, and the misuse of drugs or alcohol.
To use the EFAP in Canada, call 1-800-268-5211 (English) or 1-800-363-3872 (French). Should you have anyquestions, please don't hesitate to talk to your supervisor, or your local Human Resources contact.
Thank you for your full cooperation and support in this very essential initiative.
E. Hunter HarrisonPresident and Chief Executive Officer

Prevention: our safe choice
POLICY TO PREVENT WORKPLACE ALCOHOL & DRUG PROBLEMS

TABLE OF CONTENTS
Introduction – 5
Policy to Prevent Workplace Alcohol and Drug Problems – 6
Guidelines – 9
Policy Standards – 10 Definitions – 13 Safety-sensitive Positions – 15 Roles and Responsibilities – 16 Consequences of a Policy Violation – 20 Alcohol & Drug Testing – 22 Testing Procedures – 25 Impaired Driving Charges or Convictions – 27 Escort Procedures – 28 Guidelines on Hosting – 29 Standards & Procedures for Contractors & Tenants CN Property/CN Work – 31 APPENDIX A.1 – The Role of the EFAP in the Policy – 33 APPENDIX A.2 – How to Access CN's EFAP – 35 APPENDIX B – Union/Management Agreement on the Control of Drug and/or Alcohol Abuse – 36 APPENDIX C – Medication Guidelines – 37 Questions and Answers – 38

Prevention: our safe choice
POLICY TO PREVENT WORKPLACE ALCOHOL & DRUG PROBLEMS

The purpose of this guide is to help you understand the policy and your responsibilities, There are three main parts: 2. The Guidelines clarify and expand on all aspects of the policy 3. Questions and Answers frequently asked questions about the policy About This Policy
For many years, CN has had a variety of programs and practices pertaining to alcohol and drug use. Thispolicy consolidates these programs and provides a comprehensive set of guidelines for all of CN's Canadianworkforce. The policy clearly defines who is covered, the standards and consequences of violation.
This policy
• applies to all Canadian-based CN employees, as well as contractors, subsidiaries, tenants, and guests; • provides clear supporting guidelines to help everyone implement the policy; • establishes and clearly describes serious consequences of policy violations; • includes provisions for drug testing (not random); • clearly defines roles and responsibilities that make everyone accountable; and • requires employees who must have a valid driver's license or who operate railway equipment to report impaired driving charges or convictions.
If you have questions about any aspect of the policy or require additional copies of this policy or informationabout the EFAP, contact your Human Resources representative.
Introduction – 5
Canadian National (CN) is committed to the health and safety of its employees, the public and the environmentin order to become the safest railway in North America. As part of this commitment, CN, its employees andunions, have a responsibility to maintain a safe workplace, free from the negative effects of alcohol andother drugs. As such, CN has zero tolerance for impairment in the workplace.
Management, unions and employees are concerned with alcohol and other drug use because it can affectthe health, safety, performance and conduct of employees on the job, and impose hardships on the employer,employee, co-workers and family. In this light, CN has introduced this policy as an important component ofits overall safety program to minimize risk in all operations.
This policy applies to all employees of CN and its subsidiaries who are based in Canada. Those employeesin safety sensitive positions are held to a higher standard and are subject to more serious consequencesbecause of the direct impact that these positions have on safety.
In addition, Canadian-based employees who operate into the United States are subject to the rules andregulations governing cross-border operations. U.S.-based employees of CN are subject to the rules andregulations of that jurisdiction. Because company concern for safety extends to the operations of contractorsand tenants, they are also expected to adhere to these standards, in whole or in part, as a condition ofcontract or lease.
All employees are required to report and remain fit for duty, free of the negative effects of alcohol andother drugs. It is strictly prohibited to be on duty or to be in control of a CN vehicle or equipment whileunder the influence of alcohol or other drugs, including the after-effects of such use. Specifically, the use,possession, presence in the body, distribution or sale of illegal drugs while on duty (including duringbreaks), on or off company premises, on company business, or on company premises including vehiclesand equipment, is prohibited. Possession, distribution or sale of beverage alcohol, and the consumption ofany form of alcohol, is prohibited while on duty (including during breaks), on company premises, includingvehicles and equipment, off company premises, or on company business.
Employees are expected to use over-the-counter or prescription medications responsibly. All employees, inparticular those in safety sensitive positions or who can be in the control of a CN vehicle or equipment,are responsible for investigating whether the medication will affect safe operations. Employees are requiredto check with their own physician or pharmacist, report any concerns to CN's designated medical providerand abide by their recommendations to ensure safety.
Policy – 6
Prevention and Assistance
Personal problems affecting an employee's performance, health or safety can often be overcome with propereducation, counseling or treatment. CN is committed to helping any employee who may have a problemrelated to alcohol or any other drug. However, the employee must be willing to address the problem before ithas any impact on performance. Seeking assistance is the preferred method of dealing with theseproblems. In these cases, the employee's employment or advancement opportunities will not be affected,provided approved rehabilitation is undertaken and results in satisfactory control of the problem.
Employees should encourage co-workers who may have a current or emerging alcohol or drug problem tocontact the Employee and Family Assistance Program (EFAP), where assistance will be provided in line withthe company's EFAP policy. Using the services provided by the EFAP does not eliminate the requirementto meet performance expectations. In addition to the educational program outlined in the EFAP policy,CN provides educational and awareness programs for employees concerning this policy and its application.
Available Means to Assess and Monitor Policy Compliance
Supervisory Management of Performance:
Supervisors will be trained as to their responsibilities in administering this policy.
Medical Assessments of Fitness for Duty
Employees who work in or transfer into safety sensitive or safety critical positions are required to undergo
pre-placement and periodic medical assessments that evaluate the impact, if any, of medical conditions on
fitness for work. As part of these assessments, heath conditions such as substance abuse disorders can be
identified, assessed and monitored through medical examination, and biological testing (including drug
testing). Where an employee in a safety sensitive or safety critical position is diagnosed as having a
substance use disorder, medical monitoring, including drug and alcohol testing, may be required to ensure
on going fitness for duty in this position.
Reasonable Cause and Post Accident Testing
Biological testing for the presence of drugs in urine or alcohol in the breath is conducted where reasonable
cause exists to suspect alcohol or drug use or possession in violation of this policy, including after an
accident or incident. Post accident testing is done after any significant accident or incident where an
experienced operating officer, upon consideration of the circumstances, determines that the cause may
involve or is likely to involve a rule violation and/or employee judgment. In cases of reasonable cause or
post accident testing, any employee whose breath alcohol concentration is over 0.04 or who tests positive
for illegal drugs would be considered to be in violation of this policy.
Employment Contracts
Employees may be monitored on the compliance of this policy, including testing for drugs and
alcohol, as part of their employment contract. This would be established as a condition of continuing
employment or reinstatement after dismissal.
Policy – 7
Searches
CN reserves the right to conduct unannounced searches for alcohol or drugs where there are reasonable
grounds to believe they are present on premises, vehicles and equipment owned, leased, or otherwise
controlled by CN.
Impaired Driving Charge or Conviction
Employees who require a valid driver's license in the performance of their duties or who operate railway
equipment and where driving privileges are lost or suspended due to an impaired driving charge or con-
viction while not on duty, nor in a CN vehicle, nor on CN premises, must immediately report such loss to
their supervisor. A medical assessment will then determine whether the employee suffers from a substance
use disorder.
Rule G and Rule G By Pass
This policy supplements but does not modify the General Safety Rule 1.1, Canadian Rail Operating Rules(C.R.O.R.) Rule G and the Union/Management Agreement on The Control of Drug and/or Alcohol Abuse.
(Rule G By Pass). Nothing in this policy reduces the requirements of Rule G (given in the policy guidelines) orchanges the provisions of the Rule G By Pass agreement (summarized in the policy guidelines).
To demonstrate CN's commitment to a safe, healthy workplace free of the negative effects of alcohol orother drug use, the company supports and provides guidance for responsible hosting practices, includingdesignated driver programs.
Violations
Violation by an employee will result in corrective action up to and including dismissal. Violation bycontractors or tenants will be considered a breach of their contract or lease. Refusal to complete thetesting process set out under this policy is considered a policy violation.
The Senior Vice-President, Network Operations and the Vice-President, People, in consultation with otherVice-Presidents and Divisional Heads, are jointly responsible to develop and implement information,education, testing and follow-up required under this policy.
See your supervisor for detailed guidelines supporting this policy which address implementation, testing proce-dures, consequences of policy violation, reinstatement requirements, procedures for EFAP referral, designat-ed safety sensitive positions, and other related issues.
* Hosting Practices on page 29 Policy – 8
In support of a safe work environment, the following guidelines have been developed to clarify and implement Canadian National's (CN) Policy to Prevent Workplace Alcohol and Drug Problems. In the event that a situation arises that is not covered in these guidelines, please contact your supervisor or Human Resources representative.
Guidelines – 9
To minimize the risk of unsafe and unsatisfactory performance due to the use of alcohol or other drugs, allemployees must report and remain fit for duty, and respect the following standards: Possession, distribution or sale of beverage alcohol, and the use of any form of alcohol, is prohibited whileon duty (including during breaks on or off CN property), on company business, or on company premises,including vehicles and equipment. Limited exceptions to this restriction will be allowed with prior approvalof a Vice-President. This does not limit retail outlets and licensed business establishments from carryingout their normal operations.
Presence in the body of alcohol above a BAC of 0.04, when on duty or on company business or premises,is also prohibited for all employees. In any situation where employees are to be tested with reasonablecause including after an accident or incident, they are prohibited from using alcohol within eight hours ofthe accident or incident, or until tested or advised that a test will not be necessary.
The use, possession, presence in the body, distribution or sale of illegal drugs is prohibited while on duty(including during breaks), on company business, or on company premises, including vehicles and equipment.
Any presence in the body of illegal drugs, as demonstrated by a positive drug test with reasonable causeor after an accident, is in violation of this policy.
All employees are required to use medications, both prescribed and over-the-counter, responsibly. Thepossession of prescribed medications without a legally obtained prescription, and the distribution, offer orsale of prescription medications is prohibited. The intentional misuse of medications (e.g. using themedication not as it has been prescribed, using someone else's prescription medication, combiningmedication and/or alcohol use against direction) is prohibited while on duty (including during breaks), oncompany business, or on company premises, including vehicles and equipment. Medications of particularconcern are those that inhibit or may inhibit an employee's ability to perform a job safely and productively.
(See Appendix – Medication Guidelines).
All employees are expected to manage potential impairment during working hours due to the legitimateuse of medications. Employees are required to contact their personal physician, pharmacist or designatedmedical provider to determine if the medication or combination of medications can have a negativeimpact on performance, and to take appropriate steps to manage any associated risk.
All employees holding a safety sensitive position and in the control of a CN vehicle or equipment areexpected to investigate whether the medication will affect safe operations by checking with their ownphysician or pharmacist and report any concerns to CN's designated medical provider (at 1-888-807-6777).
The medical provider will assess the situation to determine whether the employee can safely perform regularduties. Where it is determined that continued use of the medication will affect the individual's ability tooperate safely, employees are required to respect any recommendations including modified work , if neededand available, in order to eliminate safety risks.
Guidelines – 10
It is the employee's responsibility to remain fit for duty when on call. For the purposes of this policy,unionized employees receiving compensation for being on call are considered on duty.
If an employee is not on call and unexpected circumstances arise (e.g. an emergency situation) when he/sheis requested to perform unscheduled services while under the influence of alcohol, drugs, or medications,it is the responsibility of that employee to refuse the request and ask that the call to work be delegated toanother employee. The inability of an employee in this situation to accept a work assignment will not resultin corrective action.
Implications for C.R.O.R. Rule G and Rule G By Pass Agreement
The requirements of this policy align with and supplement the requirements of Rule G and the Rule G ByPass agreement.
• The use of intoxicants or narcotics by employees subject to duty, or their possession or use while on duty, is prohibited.
• The use of mood altering agents by employees subject to duty, or their possession or use while on duty, is prohibited except as prescribed by a doctor.
• The use of drugs, mood altering agents or medications, including those prescribed by a doctor, which, in any way, will adversely affect their ability to work safely, by employees subject to duty, or on duty, isprohibited.
• Employees must know and understand the possible effects of drugs, medication or mood altering agents, including those prescribed by a doctor, which, in any way, will adversely affect their ability towork safely.
Rule G By Pass
Where employees are eligible for Rule G By Pass under the terms of the Union/Management Agreement on
The Control of Drug and/or Alcohol Abuse, the employee will not be considered in violation of the Policy to
Prevent Workplace Alcohol and Drug Problems or in violation of Rule G but will be subject to the terms of
the Rule G By Pass Agreement (please refer to HR for the full terms of this agreement).
• By Pass agreement covers employees from UTU, TCRC, RTC, IBEW, BMWE • Applies to employees subject to Rule G • Applies where employees who are under the influence of alcohol or drugs on the job are reported by a co-worker or where they are reported by a supervisor before the start of their work shift. (CN Police areconsidered to be supervisors for the purposes of Rule G By Pass).
• Employees are eligible for only 1 Rule G By Pass in their career at CN.
• Under a Rule G By Pass, employees are required to comply with the evaluation and any subsequent recommendations .
Guidelines – 11
Medical Assessments of Fitness for Duty
Employees who work in safety sensitive positions (including safety critical positions) are required to undergomedical assessments before placement in a safety sensitive position; on a periodic basic, as long as theywork in a safety sensitive position; and, as medically indicated when they have a health condition that canaffect the safety of operations. Part of the medical assessments of fitness for duty, employees will beassessed for substance use disorders as well as other medical conditions that can have an impact on safety.
Assessments will be done according to good medical practices and will be managed by Medical Services When employees in a safety sensitive position are diagnosed as having a substance use disorder, they maybe required to comply with a relapse prevention agreement in order to maintain fitness for duty in a safetysensitive position. This agreement is a confidential, therapeutic agreement between the employee andMedical Services who will monitor fitness for duty and compliance with the relapse prevention agreement.
The exact terms of the relapse prevention agreement will be established by the medical professional monitoring fitness for duty based on good medical practices.
Where the monitoring process has established that an employee does not comply with a relapse preventionagreement, management will be informed that the employee is not medically fit for work in a safety sensitiveposition because of non-compliance with this agreement. Return to work in the safety sensitive positionwould then be governed by the provisions of a Contract for Continuing Employment established betweenthe Union and the Company, subject to meeting the requirements for fitness for duty.
Guidelines – 12
For the purposes of this policy, the following definitions will apply.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weightalcohols including methyl and isopropyl alcohol.
Beverage alcohol refers to wine, beer, distilled spirits and similar products.
Canadian National and CN each refer to Canadian National Railway Company and its wholly ownedsubsidiaries.
Refers to all business activities in pursuit of the corporate objectives undertaken by employees or contrac-tors in the course of the company's operations, whether conducted on or off company premises. It includesall situations when an employee is representing the company, or when a contractor or contractor'semployees provides services to the company.
Includes but is not restricted to, all land, property, structures, installations, facilities, vehicles and equipment owned, leased, operated or otherwise controlled by the company.
Refers to any company or individual providing contracted services to CN or on behalf of CN and not on thecompany payroll.
Is any substance (illegal drugs, over-the-counter or prescribed medications), the use of which has thepotential to change or adversely affect the way a person thinks, feels or acts. For the purposes of this policy,drugs of particular concern are those that may inhibit an employee's ability to perform their job safely andmeet performance expectations.
An illegal drug is any drug or substance which is not legally obtainable and of which the use, sale,possession, purchase or transfer is restricted or prohibited by law (e.g. street drugs such as marijuana andcocaine).
Refers to the company's regular, part-time, and seasonal employees on the CN payroll, including students andtemporary employees.
Guidelines – 13
Fitness for Work/Duty
Means being able to safely perform assigned duties at a level which meets performance expectations without any limitations due to the use or after-effects of alcohol, illegal drugs or medications or otherhealth conditions.
For employees covered by the Rule G By-Pass Agreement, the definition of ‘on duty' will be as per thatagreement. Other employees will be considered on-duty when they have reported for duty and are beingcompensated. Any employee being compensated for being on call will be considered to be on duty.
Employees involved in significant accidents or collisions where the cause may involve a rule violationand/or employee judgment will be required to undergo drug testing by urinalysis and breath alcohol testing as soon as possible after the accident.
Note: Rail/highway crossing accidents and accidents entirely attributable to natural causes, vandalism ortrespassing do not require post-accident testing for employees.
For post accident drug and alcohol testing, call the CN Police Call Centre at 1-800-465-9239.
Safety Sensitive Positions
Safety-sensitive positions are those which the company determines have a key and direct role in rail opera-tion where impaired performance could result in a significant incident affecting the health and safety ofemployees, customers, the public, property or the environment. This includes all employees who are in safety critical positions as designated by the Safety Critical Position Rule, as well as all employees who are required to rotate in safety sensitive positions or regularly relieve employees in these positions. This alsoincludes supervisors and managers who perform the duties of safety sensitive or safety critical positions.
Classification of positions as safety sensitive is given in the SAP-HR system (qualification).
means the individual in authority over a particular area or shift, including team leaders, managers andothers in positions of authority.
refers to any company or person, including employees and subcontractors, doing business or working onCN property under a lease, license, or contract agreement.
Guidelines – 14
Safety-sensitive positions are those which the company determines have a key and direct role in rail operationwhere impaired performance could result in a significant incident affecting the health and safety of employees,customers, the public, property or the environment. This includes all employees who are in safety criticalpositions as designated by the Safety Critical Position Rule, as well as all employees who are required torotate in safety sensitive positions or regularly relieve employees in these positions. This also includes super-visors and managers who may have to perform the same duties.
Safety sensitive positions include all employees who operate on track railway equipment, including theoperation of train, rail traffic control, high rails, work equipment or other on track equipment, as well asemployees who operate lift equipment over 60 tons.
The following and comparable occupations are deemed to be safety sensitive positions under this policy(note that this is not a complete list of job titles that would be considered safety sensitive – please consultyour HR Manager or SAP-HR system to determine if a specific job title is considered to be safety sensitive ).
• All engineers, brakemen, conductors, RTC, Yard Masters and all other positions designated as being safety critical under the Safety Critical Position Rule of the Railway Safety Act • All supervisors and managers who are subject to CROR.
• All employees who are required to operate on track equipment outside of yard limits, including all those assigned to road repair service • All employees who operate lift equipment over 60 tons • All employees covered by the following Collective Agreements between the Company and: Brotherhood of Maintenance of Way Employees covering: • Work Equipment Department (Agreement 10.3) • Track Department (Agreement 10.8) • Bridge and Structures Department (Agreement 10.9) International Brotherhood of Electrical Workers (Agreement 11.1)(Except employees of the Electronic Repair Center in Winnipeg) • Heavy Equipment Operators Guidelines – 15
ROLES AND RESPONSIBILITIES
Every employee and contractor has a responsibility to ensure that CN remains a safe and healthy workplacefree of the effects of alcohol and drugs. There are certain groups that have specific roles to help implementthis policy. These are described below: The Employee
Every employee has the right to expect a safe and healthy workplace. As such, every employee must reportand remain fit for duty free of the negative effects of alcohol and drug use, and comply with the standardsset out under this policy. Employees are required to: a. read and understand the policy and their responsibilities; b. cooperate with any medical assessment or recommendations made by a health care professional, including following monitoring or aftercare programs required after primary treatment for substance use disorders; c. manage potential impairment during working hours due to the legitimate use of medications by contacting their personal physician or pharmacist to determine if they can have a negative impact on performance;those in safety sensitive positions must investigate any concerns with their personal physician or pharmacistand report those concerns to CN's Medical Services who will assess the situation and advise the companyof any requirement for medical restrictions or temporary reassignment; d. seek advice and follow appropriate treatment promptly if they suspect they have a substance dependency or emerging problem; e. report any loss of driving privileges to their supervisor if driving or the operation of on track equipment is required in the performance of their duties, and in addition, report any charges for an impaired drivingoffense which occurs at any time in a company vehicle; f. not transfer any work responsibilities, including control of a company facility (or part thereof), piece of machinery, motor vehicle or railway equipment, or supervision of a worksite, to a co-worker whom theemployee reasonably suspects may be unsafe due to the negative effects of drugs or alcohol, and promptlyreport their concerns to their supervisor; g. abide by any additional fitness for duty policy provisions, including those governing alcohol and drug use in other operating jurisdictions; and h. cooperate with any investigation into a policy violation, including testing for drug or alcohol use.
In addition to the above, when at work, employees are encouraged to look out for other employees,contractors, or visitors in terms of safety and take appropriate action, such as advising the appropriateperson, to ensure that they do not remain in an unsafe condition on CN property.
Any employee who has knowledge or suspicion of any breach of this policy is required to take the appropriateaction to address the situation. Failure to do so may result in corrective action up to and including dismissal.
Guidelines – 16
The Supervisor & Manager of People At All Levels
Supervisors are entitled to receive a full training program in order to apply this policy and: a. will monitor and measure the performance of those that report to them against established performance b. will be responsible for identifying early on and handling all performance problems, including those which may be caused by alcohol or other drug use; if an individual's work performance has deteriorated to anunacceptable level, or their actions or condition can jeopardize their safety or that of others, thensupervisors are ultimately responsible for taking appropriate action; c. will confront employees about performance problems and assess their ability to perform the job. Where they have objective grounds to believe performance problems may be health-related, they may refer theemployee to the Employee and Family Assistance Program (EFAP) for confidential assistance, or to theemployees' physician for a medical assessment. If an employee refuses the referral, the performancemanagement process will continue and health reasons cannot be cited by the employee as a contributingcause to the problem. Where a supervisors have concerns about the ability of an employee in a safetysensitive position to work safely because of a known or suspected health problem, they should refer theemployee to CN Medical Services, documenting the reasons for concern.
d. will refer an employee for an alcohol and drug test with a reasonable cause or after an accident, as and when required to do so under this policy; (the decision to refer will normally be made in conjunction witha second person – a more senior manager, another supervisor, CN police, etc.); e. will monitor contractors and their employees to ensure compliance with this policy and take action f. will identify situations where an unannounced search for alcohol or drugs on company premises is justified, and will be responsible for contacting CN Police before initiating any such action; and g. will play a key role in the communication, implementation and monitoring of this policy.
Any supervisor who has knowledge or suspicion of any breach of this policy must take the appropriateaction to address the situation. Failure to do so may result in corrective action up to and including dismissal.
For further information on appropriate action in case of a breach of this policy, contact the HumanResources Manager.
Medical Services, as delegates of CN's Chief Medical Officer ,are charged with assessing fitness for duty.
In situations where an employee is unsafe for regular duty, or requires a leave of absence for medical reasons,Medical Services will advise the supervisor: • of the need for a leave or modified work, or the nature of medical restrictions • when the employee is likely to be returning to work, and • will confirm when the employee is fit to return to full duty.
Guidelines – 17
In addition to the above, Medical Services a. will establish the requirements for treatment, rehabilitation and monitoring programs for employees in safety sensitive positions who are diagnosed as having substance use disorders; b. monitor compliance with medically indicated relapse prevention agreements implemented for employees in safety sensitive positions who are diagnosed as having substance use disorders; c. administer the testing component of employment contracts established as terms of reinstatement or continuing employment; d. assess fitness for duty of employees who contact Medical Services because of concern over the use of e. assess fitness for duty of employees in cases where supervisors have documented reasons for believing that a health condition of an employee in a safety sensitive position may be adversely affecting thesafety of operations; and, f. act as administrator of the drug testing required for reasonable cause and post accident testing under this policy, including handling collection, lab analysis and reporting.
FGI is the professional counseling resource contracted by CN. Their counselors are located from coast tocoast and are available by telephone 24 hours a day, seven days a week. For English, call 1-800-268-5211 ;for French, call 1-800-363-3872. While they are not directly involved with this policy, they are available toassist employees and their families who may be experiencing alcohol or drug problems.
Employees and their immediate families may contact FGI at any time for free, confidential assistance withpersonal problems such as, but not limited to: family concerns, work concerns, substance abuse, financialissues, eldercare, etc. Medical Services may also refer employees to FGI as part of a rehabilitation programwhen appropriate.
FGI staff at the 1-800 numbers are also available to coach supervisors and co-workers on how to deal withconcerns regarding co-workers and employees.
The EFAP Peer Groups
The EFAP Peer Groups are made up of concerned CN employees at locations throughout the company.
Peers are expected to be familiar with this policy and to: • support and motivate individuals seeking help for personal problems; • act as advocates and promoters of the EFAP locally; • act as a resource to employees, union leaders and supervisors, providing information on the EFAP process; and • support co-workers in reintegrating into the workplace and remaining healthy.
In addition, the Peer Groups raise local concerns with the EFAP Manager, which are addressed at that level or with the Senior Advisory Committee on the control of alcohol and drugs.
Guidelines – 18
CN Police
When supervisors have reasonable grounds to believe that an employee in the care and control of a CNvehicle or equipment may be under the influence of alcohol or drugs, they must request that CN Police goto the scene to take appropriate action (1-800-465-9239).
Where an employee is in the care or control of a motor vehicle or railway equipment, and CN Police arenot able to respond within a reasonable time, CN Police will be responsible for contacting the local lawenforcement agency.
CN Police will also be involved in any situation where a supervisor believes there are grounds to conduct asearch for the presence of alcohol or drugs in violation of this policy or the law (refer to searches in theseguidelines).
CN Police may also be available to assist supervisors in any situation under this policy.
CN Police may be requested by a supervisor to act as technicians in administering breath alcohol test incases of post accident testing or when there is reasonable cause to believe that an employee is under theinfluence of alcohol.
You can contact CN Police through the CN Police Call Center at 1-800-465-9239 to arrange for drug testing24/7 for cases with reasonable cause or after accidents.
Guidelines – 19
CONSEQUENCES OF A POLICY VIOLATION
If an employee violates the provisions of this policy or does not meet the company's satisfactory standardsof work performance as a result of alcohol or other drug use, appropriate corrective action will be taken.
In all situations, an investigation will be conducted and documented (in accordance with collective agreements,if applicable) to verify that a policy violation has occurred before corrective action is taken. As such, thesupervisor has the authority and discretion to remove from assignment any employee whom the supervisorbelieves to be involved in an incident that could lead to disciplinary action pending the results of the investigation.
The appropriate corrective action in all cases depends on the nature of the violation and the circumstancessurrounding the situation. Some violations are considered sufficiently serious that dismissal is warrantedon a first occurrence. Examples include, but are not limited to, trafficking in or possession of illegal drugsor consumption of beverage alcohol or illegal drugs on company premises, while on company business orwhen driving a company vehicle or equipment.
Any confirmed violation of this policy by an employee will result in progressive corrective action, withincreasing severity depending on the seriousness of the violation up to possible dismissal.
Drug and Alcohol testing
For all employees, results of drug and alcohol testing will be taken into consideration as part of an investigationto verify whether a policy violation has occurred. Failure to submit to a test within the designated timeframe, refusal to submit to a test or any attempt to tamper with a test sample is considered a policy violation.
Continuing Employment or Reinstatement Following Policy Violation
Depending on the circumstances, employees may be permitted to continue their employment with thecompany. Such employees will be advised of the conditions governing their continued employment,which may include, where appropriate, the following: • Assessment by a substance abuse professional • Completion of any recommended treatment and compliance with medically recommended relapse prevention programs after treatment.
• Abstinence from using any drugs or alcohol for at least 2 years • Unannounced testing for a period of at least two years • No further or policy violations during the monitoring period; and • Maintenance of job performance according to expectations.
• Continuing employment in safety sensitive jobs will be subject to the requirements for medical fitness for duty for that position.
Guidelines – 20
In addition to the above, CN will investigate any situation where off-the-job activities involving alcohol ordrugs (e.g. impaired driving convictions, conviction for trafficking, bootlegging, etc.) may have implicationsfor the workplace and will take appropriate action.
Guidelines – 21
ALCOHOL AND DRUG TESTING
The following section details under what circumstances testing should be conducted and provides a generaloverview of the testing process.
Should any supervisor or other company officer have a question with regard to testing or any other aspectof the policy, they should contact Human Resources or Medical Services.
Alcohol and drug testing will be conducted in the following circumstances: Pre-assignment to safety sensitive As part of a fitness for duty assessment Relapse prevention Agreement Under an employment Contract Employees operating into the United States are subject to testing after specific categories of accidents,and will be provided with procedures that they are expected to follow in the event they are involved in anincident when in the United States.
For Canadian-based employees, for the purposes of this policy, a verified positive test result in theUnited States will be investigated as equivalent to a positive test result in Canada.
Individuals seeking assignment to a safety sensitive position (including safety critical position), either ascurrent employees or new hires, must undergo a medical fitness for duty assessment that includes a drugtest. (Note: this requirement does not apply to incumbents in safety sensitive positions.) TESTING AS PART OF A MEDICAL ASSESSMENT FOR SAFETY
SENSITIVE POSITIONS
Employees who work in safety sensitive positions (including safety critical positions) are required to undergoperiodic assessments of fitness for duty. Where a medical assessment shows that a safety sensitiveemployee may have a medical condition that can affect the safety of operations, the Chief Medical Officer(or delegate in Medical Services) may require that a further assessment be done. The nature of the medicalassessment will be determined by Medical Services, but may include biological testing, such as testing fordrugs or alcohol as is medically indicated.
Guidelines – 22
Where an employee in a safety sensitive position is diagnosed as having a substance abuse disorder, butthere is no policy violation, the Chief Medical Officer is responsible for evaluating and monitoring ongoingfitness for duty. Drug and alcohol testing or other biological monitoring may be required as part of thismedical assessment and as part of a Relapse Prevention Agreement established to monitor on goingfitness for duty.
REASONABLE CAUSE
Testing for drugs and alcohol will take place when the company determines there is reasonable cause tosuspect alcohol or other drug use or possession in violation of this policy.
The decision to test will be made by a supervisor in conjunction with a second person (e.g. another supervisoror other individual) wherever practicable. The decision will be based on specific, personal observationssuch as, but not limited to: • Observed use or evidence of use of a substance (e.g. smell of alcohol) • Erratic or atypical behavior of the employee • Changes in the physical appearance of the employee • Changes in behavior of the employee; and/or • Changes in the speech patterns of the employee.
Supervisors will receive training on reasonable cause testing and must document the reasons for requiringa test as soon as possible after the referral is made. The Reasonable Cause Report Form may be useful andcan be obtained through their Manager, Human Resources or on the CN I/Net (under Occupational HealthServices).
In those situations where the supervisor believes that a CN employee is under the influence of alcohol orother drugs while driving a CN vehicle or operating equipment, this may be a Criminal Code offence, andthe CN police should be contacted immediately at 1-800-465-9239. Either the CN police or local policeshould investigate the situation and undertake testing.
Post accident testing is done after any significant accident or incident where an experienced operatingofficer, upon consideration of the circumstances, determines that the cause may involve or is likely toinvolve a rule violation and/or employee judgement.
For post accident drug and alcohol testing, call the CN Police Call Centre at 1-800-465-9239.
Guidelines – 23
RETURN TO DUTY AFTER A POLICY VIOLATION: Contract for Continuing
If employment is continued, testing may be required as a condition of continued employment on return toduty after a positive test for alcohol or drugs or any other significant policy violation.
Any employee dismissed after a policy violation, including those not in safety sensitive positions and thosewho are not diagnosed as having a substance use disorder, may be required to undergo drug and alcoholtesting as terms of continuing employment or reinstatement. In these cases, testing will be conducted onan unannounced basis for at least two years and will be done according to the terms of the continuingemployment or reinstatement contract agreed to by the Company and the union.
The test dates will be determined on an unannounced basis through Medical Services. The site managerwill be informed that an individual is required to report for a test, and arrangements will be made tocomplete the collection process as soon as possible after site management has been notified. Thescheduling will remain unannounced to the employee until the collection can be arranged.
Guidelines – 24
To arrange for a drug or alcohol test under this policy, 24 hours per day, 7 days per week, contact CNPolice at 1-800-465-9239.
Sample collection, testing and reporting of results are conducted according to standards established by theU.S. Department of Health and Human Services, and/or the Standards Council of Canada in order to ensurethe accuracy and integrity of results.
Appropriate sample collection, storage and chain-of-custody procedures are also followed. In addition: • Employees who undergo a drug or alcohol test will be requested to sign a Chain of Custody form at the time of sample collection, authorizing the release of complete results to a designated company officialin charge of the program. This release will also make it clear to the applicant that should the results ofthe test be positive or should he/she refuse the test, this will be considered a policy violation. This releaseof information forms part of the Lab and collection system which provides services on behalf ofMedical Services.
• Except for the release of information in accordance with this policy, the law and in situations affecting the health and safety of workers and the public, results of all testing will be maintained by the designatedcompany official and will be kept confidential.
• Testing will be conducted in those circumstances outlined under the policy (as previously noted). Tests will be conducted to determine the presence of cannabinoids, amphetamine/methamphetamine,cocaine, opiates, phencyclidine, and alcohol with the following exceptions: • in a reasonable cause testing situation, the analysis may be expanded to include additional drugs.
• in a medically monitored relapse prevention program, the analysis may be for additional drugs as determined by the treating physician in conjunction with Medical Services • The testing will cover alcohol and the specified drugs only; it will not include testing for other medical conditions or substances.
• Alcohol tests will be administered and confirmed by a calibrated breathalyzer wherever possible.
• Collection of urine specimens and administration of alcohol tests will be performed by trained nurses or trained collection agents at company-designated collection sites managed through Medical Services • In any situation where there is the possibility of a Criminal Code violation, investigation will be conducted by CN Police, who will conduct or arrange for alcohol testing; Medical Services could arrange for samplecollection for drug testing.
• Urine samples will be analyzed by a fully qualified and accredited laboratory contracted through Medical Services using a two-step process with initial screening by immunoassay and all confirmationsbeing performed by gas chromatography/mass spectrometry (GC/MS).
• Confirmed positive test results will be reviewed by a qualified Medical Review Officer and the employee concerned will be given an opportunity to explain the finding before it is communicated to managementthrough Medical Services.
Guidelines – 25
• For the purpose of assessing violation of this policy, a positive alcohol test shows a /blood alcohol concentration of .04 BAC or more.
• A positive drug test shows the amount of drug in the sample identified by the confirmation test exceeds the cut-off levels established by the Standards Council of Canada and the U.S. Department of Health andHuman Services. All positive results reported by the laboratory will be reviewed by the company's MedicalReview Officer, who will ask the employee to determine if there is a legitimate medical reason for thefinding. Only those results that are verified as positive by the MRO will be reported to the company throughMedical Services as being positive. Company management will then take appropriate action in accordancewith the policy.
• In the case of a verified positive test result of a test conducted in accordance with this policy, the employee may request that the same sample be re-tested by another accredited laboratory. In thesesituations, the employee must make this request within 72 hours of being notified of the results. In thecase of a second confirmed positive test, the employee requesting the second analysis is responsiblefor the associated costs.
• In a reasonable cause situation, samples for drug testing will be taken as soon as possible, and within 36 hours of the decision that testing is required. Alcohol tests should be conducted within two hours ofthe event, but no later than eight hours.
• In cases where laboratory analysis shows that a test sample has been tampered with by the addition of an adulterant intended to falsify the analytical results, the test will be considered positive.
• In cases where the laboratory analysis shows that the sample was diluted, a sample collection will be repeated as soon as possible (if appropriate).
• In all cases of a positive alcohol or drug test done with reasonable cause or after an accident, supervisors will be responsible for fully investigating the circumstances and determining if any action is required.
Supervisors must inform Medical Services of all tests done, whether the result is positive or negative.
Guidelines – 26
IMPAIRED DRIVING CHARGES OR CONVICTIONS
It is prohibited to be on duty or to be in control of a CN vehicle anytime while under the influence of alcoholor drugs, including the after-effects of such use. All employees who drive a company vehicle, or drive oncompany business are required to maintain a valid driver's license. Any person required to maintain avalid driver's license must report the loss of the privilege to drive to their supervisor.
For employees who require a valid driver's license in the performance of their duties or for employees whooperate railway equipment, and who lose the privilege to drive off-duty, off CN premises and not in a CNvehicle, the following provisions will apply: Impaired Driving Charge
Any employee in these circumstances who has been charged with an impaired driving offence or whoselicense has been suspended (including but not restricted to blowing over the legal BAC for driving in thejurisdiction where the charge occurred, driving while impaired, or refusal to blow into a breathalyzer)must inform a supervisor within one working day and must report to a company-designated medicalcentre within three working days of the date of the charge.
A medical professional will undertake an assessment to determine if there is a need for a structuredassistance program. If there is a need, the employee will be directed to a treatment and rehabilitationprogram through Medical Services. Medical Services will determine whether or not the individual will beallowed to drive or operate equipment on behalf of the company until the limitation is lifted. In cases wherean employee is prohibited from doing their job pending assessment, they will be assigned alternative dutiesif available and appropriate. In those cases where employees fail to report the charge and the companybecomes aware of the situation, they will be subject to corrective action up to and including dismissal.
Impaired Driving Conviction
Loss of a driver's license as a result of a conviction for an impaired driving offense or court order prohibitingthe employee from operating a motor vehicle and/or railway equipment is grounds for corrective action.
Each situation will be fully investigated, and the action taken will depend on the circumstances surroundingthe conviction.
A medical professional will undertake an assessment to determine if there is a need for treatment andwhether the individual should continue to be allowed to drive a company vehicle.
Employees may be accommodated in another position provided they have previously reported the charge,but such accommodation is not absolute or indefinite. If driving is required in the performance of anemployee's duties, and the company determines that an alternative position is not available or appropriate,the company may dismiss the employee.
Guideline – 27
If an employee is deemed by a supervisor to be unsafe for work or otherwise in violation of the policywhile in the workplace, he/she will be escorted from the workplace. Each employee will be given anopportunity to explain why he/she appears to be in a condition unsafe for normal duty. If the supervisordetermines that the employee is fit for duty after the interview, the employee may return to the worksite.
If there is a medical problem unrelated to a policy violation, the employee will be escorted to the nearestlocation for immediate medical attention.
However, if the individual conducting the interview still believes the employee is in a condition unsafe fornormal duty, and after consultation and agreement of a second person where possible, the followingactions will be taken: • the employee will be required to submit to an alcohol and drug test where there are reasonable grounds to believe alcohol or drug use may be a factor (see Testing); • the employee will be provided with transportation to the his/her place of residence or the care of another person; or at supervisor discretion, any employee may be temporarily withdrawn from anassignment or reassigned pending medical determination of fitness for duty and/or completion of aninvestigation into a possible violation of this policy. Employees will not be allowed to return to theirposition without prior management consent after giving consideration to the job function performed,the safety of the work environment and any appropriate conditions governing return of the employee.
Any visitor identified as unsafe will not be allowed on the site, or will be escorted from the site.
CN reserves the right to conduct unannounced searches for alcohol or drugs on company owned or controlledpremises, including mobile equipment or vehicles. Searches will be conducted where the company hasreasonable grounds to believe these substances will be present in contravention of the law or thiscompany policy.
Supervisors will identify situations when a search may be warranted, (e.g., presence of drug paraphernalia,reported, visible or olfactory evidence of the presence of alcohol or drugs) and will contact CN Police foradvice before taking any action. CN Police will assist in the conduct of searches, wherever possible, or willadvise on the need for the involvement of appropriate law enforcement agencies. Supervisors will notconduct a search themselves before consultation with experts.
Guideline – 28
GUIDELINES ON HOSTING
In the case of any company social event or hosting situation which could include company business activities,appropriate regard will be taken for the safety and well-being of the individuals present and the community.
Alcohol use is not permitted under any circumstances on CN property except in limited circumstances, subjectto prior approval by a Vice-President, and in accordance with the guidelines below. A specific exception tothis policy would allow a contracted commercial vendor duly licensed in the jurisdiction to conduct businesson CN property where alcohol is served (e.g. licensed food and beverage establishment).
Alcohol is permitted at CN social functions off-site provided the basic policy standards are observed (e.g.
fitness for work), that alcohol consumption is controlled so there is no inappropriate behavior at the functionor impaired driving afterwards, and the guidelines are followed. Where there are concerns about safedriving after the function, alternative transportation arrangements will be made available. People attendingsuch functions are to be reminded of their personal responsibility with regard to transportation.
Consistent with the above, if alcohol is made available in the course of conducting business, employeesare expected to use judgment and be responsible in hosting others.
The following guidelines will assist in the management of a CN function: 1. Wherever possible, professional/trained servers will work at each event and/or will supervise the use of untrained servers.
2. Each event will have a designated "chief host/hostess" (e.g. facility manager, event convener) with responsibility for: • obtaining appropriate permits; • establishing the general tone of the event; • acting as the sole contact with the servers during the function regarding opening and closing times, food and beverage arrangements, etc.; • ensuring bars are attended at all times; • ensuring alcohol is not served to individuals who appear to be intoxicated; • taking steps to prevent abusive or unsafe behavior; • taking steps to prevent an apparently intoxicated attendee from driving after the function; • providing alternative transportation or accommodation where necessary (e.g. cab chits, designated drivers, or other alternatives); and • contacting the police if an incident occurs or somebody disregards advice and attempts to drive in an intoxicated state.
Guideline – 29
3. In all circumstances, events will be managed in order to avoid the potential for accidents, including identifying and eliminating potentially harmful situations (e.g. closing access to a major stairway).
4. Responsible serving practices will include providing food and non-alcoholic drinks, including coffee and tea after the bar has closed, establishing a firm time to end the event, and stopping service of alcoholat least one hour prior to the event being over.
5. Any hosting situation that results in inappropriate behavior or risk to health and safety of attendees or the community will result in a review of these policies and active steps to ensure the problems do notoccur again.
Guideline – 30
STANDARDS AND PROCEDURES FOR CONTRACTORS AND TENANTS
CN Property/CN Work
Because company concern for safety extends to the operations of contractors and tenants, CN encouragesthem to have a company alcohol and drug policy. A copy of CN's policy will be provided to all contractorsand tenants who work on CN premises or conduct business on behalf of CN. The following provisions willapply to all contractors, tenants, licensees and their employees when on CN business or premises exceptas approved by a Senior Vice-President. This does not limit retail outlets and licensed business establishmentsfrom carrying out their normal operations.
At a minimum, all contractors and tenants are expected to ensure that their representatives remain freefrom any adverse performance effects of alcohol or other drugs and conduct themselves in an appropriatemanner while on company business or premises. They will be made aware of the applicable policy provisionsby company management, and are expected to ensure that their employees or subcontractors respect thefollowing standards when on company business or premises: • no use, possession, distribution, offering or sale of illegal drugs or drug paraphernalia; • no use, possession, distribution, offering or sale of alcohol; • responsible use of prescribed and over-the-counter medications; • no trafficking (distribution, offering or sale) of prescription medications; and • report fit for duty and remain fit for duty.
Policy Violation Procedures
Where a CN employee has reasonable grounds to believe any individual employed by a contractor or tenantis on duty in an unfit condition, or where during the preliminary phase of an investigation, an individualhas been identified as being directly involved in the chain of acts or omissions leading up to an accidentor incident: • the contractor and/or tenant will be notified; • they will be required to conduct the individual(s) to a safe place; • they will be expected to investigate the situation; • they must satisfy CN that there was no policy breach; • the individual will not be allowed to return to any position with CN • without written permission of a CN official, and will be required to adhere to any conditions governing their return.
Guideline – 31
Department of Transportation Requirements
In addition to the above, all contractors providing drivers for international operations as of July 1, 1996,are required to certify they are meeting and will continue to meet U.S. Federal Highway Administrationrequirements under CFR 49 Parts 382 and 40 as part of their contract. CN reserves the right to audit theirprogram as to compliance at any time. In addition, CN management must be informed if a driver is nolonger qualified to drive in cross-border operations.
Consequences of Violation
Failure of contractors or their employees to meet these standards will be considered a breach of the contract,and will, at CN's sole opinion, result in triggering penalty clauses under the contract, or suspension ortermination of the contract. In the case of tenants and licensees, any violation would be in violation oftheir lease agreement, and will, at CN's sole opinion, trigger penalty clauses or the suspension or terminationof the agreement.
Any confirmed violation of this policy by a cross-border commercial motor vehicle driver will result intermination of their contract with CN.
Guideline – 32
APPENDIX A.1
The Role of the EFAP in the Policy
CN recognizes that personal addiction and relationship problems are health problems and, if left untreated,can have a negative impact on the employee, his or her family, and ultimately on workplace productivityand safety. For this reason, CN has provided the Employee and Family Assistance Program as a free,confidential* and professional support to employees and their immediate families. The assessment, referral(if necessary), short-term counseling and follow-up services are provided by psychologists and clinicalsocial workers through the EFAP Provider.
The EFAP Provider may be involved in this policy in several ways: Employees or family members (covered by other parts of the benefits plan) are encouraged to contact theEFAP Provider directly to seek assistance for personal problems. This is called self-referral and is always thepreferred way to seek help; after all, it means the person with the problem has acknowledged it and islooking for help to make some changes.
Formal Offer of Assistance
Sometimes, because of the nature of addictive illnesses, an employee may deny that that he/she has one.
In this case, if the illness has an impact on workplace productivity (i.e., increased absenteeism, frequentaccidents, lateness, gradual changes in the employees' appearance and/or behavior), the supervisor maymeet with the employee, point out his/her concerns and make a "formal offer of assistance" to the employee.
If there is no policy violation or threat to railway safety, the supervisor may make a referral to the EFAPProvider. The supervisor may also call the EFAP Provider for assistance or coaching on how to approachthe employee. The EFAP System Manager may also be consulted in this matter. Providing the employeeaccepts the offer of assistance and calls the EFAP Provider, then the EFAP Provider may be involved in pre-scribing and monitoring a treatment program.
Keep in mind that the employee's return to the worksite is always a supervisory decision. If the supervisorcontinues to have concerns or if there is no change in work patterns, management action must followwhether or not the employee has sought help.
Referral to Medical Services for Fitness for Duty Assessment
In cases where the supervisor believes that there is no policy violation and there might be a threat to safetyif the employee were to report to work, then a referral must be made to Medical Services for a fitness forduty assessment. In such cases, the supervisor must receive a fit for duty assessment prior to returningthe employee to the worksite.
If Medical Services determines an employee is unfit for duty due to a substance use disorder, they will informthe employee of the steps to be taken in order to return to work. If appropriate, the employee may bereferred to the EFAP provider to arrange a treatment program. This is the third instance in which theEFAP Provider may be involved in this policy.
Appendix – 33
Another instance where the EFAP Provider may be involved in this policy is in monitoring recovery as partof a continuing employment contract following reinstatement. In this case, regular follow-up and counsel-ing may be part of the relapse prevention program for addictive disorders.
* Confidentiality: In cases where by law or professional ethics a counselor is required to disclose certain
information, EFAP counselors are bound by the same codes of practice as other professionals. Examplesof this are harm to self or others or child abuse. Where an EFAP counselor is aware of a possible substance use disorder with a CN employee who works in a safety critical or safety sensitive position,the EFAP counselor will, together with the employee, contact CN Medical Services so that a fitness forduty assessment can be arranged.
Appendix – 34
APPENDIX A.2
How CN's EFAP Works
Non Safety-sensitive positions
• Employee or immediate family member has a problem • Call EFAP Provider privately and explain situation (Intake counselor on phone is professionally trained) • Intake counselor arranges appointment in employee's community (If urgent will arrange immediate intervention appointment; should never be longer than 5 working days) • Employee attends appointment to assess problem • Plan for addressing problem developed by employee and counselor together • In case of a substance use disorder requiring treatment, the employee's personal physician completes an insurance application outlining the reason for illness.
• Treatment plan is implemented If employee is in a safety sensitive position, may have a substance use disorder, and there is no policy violation • Call EFAP Provider privately and explain situation • Intake counselor arranges appointment in employee's community • Employee attends appointment to assess problem and counselor determines if there is a possible substance use problem.
• Referred to Medical Services for fitness for duty assessment • If employee unfit, supervisor informed that employee is medically "Unfit at this Time"(no reason given) • Medical Services determines treatment and relapse prevention requirements based on expert medical assessment, and informs employee of what is required to allow return to work in safety sensitive (orcritical) position.
• When employee is "fit," function is notified of return to work.
Appendix – 35
APPENDIX B
Union/Management Agreement on the Control of Drug and/or Alcohol Abuse
(Rule G By Pass Agreement)
Under the Influence
• Employee is reported by co-worker during work, and is eligible for By-Pass * Meeting with Substance Abuse Professional (arranged by Medical Services) • Medical assessment determines whether employee has a substance use disorder Supervisor/co-worker reports employee before employee has reported for duty and employee is eligible forBy-Pass.
• Meeting with Substance Abuse Professional (arranged by Medical Services) • Medical assessment determines whether employee has a substance use disorder If the medical assessment determines that the employee has a substance use disorder, treatment andrelapse prevention will be indicated.
If the medical assessment shows there is no substance use disorder, and it is determined that employeehad poor judgment, the employee loses 48 hours pay. Should a second Rule G violation occur, he/she willbe dismissed.
In this case, the employee will be referred to a counseling session on impairment and safety.
Appendix – 36
APPENDIX C
Employees are expected to manage potential impairment during working hours due to the legitimate useof medications. The following drug categories have been associated with performance impairment and areprovided as a guideline to employees in assessing their own situation. The list is not exhaustive; there arenumerous other over-the-counter and prescription drugs which when taken may have a negative impacton performance.
For these reasons, employees are expected to consult with their personal physician or another health careprofessional to determine if the use of the medication will have any potential negative impact on job per-formance, and to take appropriate steps to manage any associated risk.
• Antihistamines – are widely prescribed for hay fever and other allergies (e.g. Chlor-Tripolon, Dimetane).
They are also found in many cold medications.
• Motion Sickness Drugs – are used to prevent motion sickness and nausea (e.g. Gravol, Antivert).
• Barbiturates (e.g. Phenobarbital), Sedatives, Hypnotics and Tranquillizers (e.g. Valium, Benzodiazepine, Halcion, Librium), and Antidepressants (e.g. Elavil, Anafranil). Some of these ingredients are also foundin medications taken for digestive and other disorders.
• Narcotic Analgesics (e.g. Demerol, Darvon, Codeine). Codeine is often found in combination drugs such as 222s, 282s, 282, 292s or Tylenol 1,2,3s.
• Stimulants – Medication used for central nervous system stimulation and for appetite suppression can produce sensations of well-being which may have an adverse effect on judgment, mood and behavior(e.g. amphetamines or medications sold as "diet pills").
• Anticonvulsants are used to control epileptic seizures and can cause drowsiness in some patients (e.g. Dilantin).
• Cold Tablets/Cough mixtures – (e.g. Sinutab, Contact, Triaminic, Tussionex and preparations containing dextromethorphan (DM) or codeine).
• Muscle Relaxants (e.g. Flexeril, Robaxisal).
• Anti-inflammatories (e.g. Indocid, Naprosyn, Ansaid, Voltaren).
• The use of mood-altering agents by employees subject to duty, or their possession or use while on duty, is prohibited except as prescribed by a doctor.
• The use of drugs, medication or mood-altering agents, including those prescribed by a doctor, which, in any way, will adversely affect their ability to work safely, by employees subject to duty, or on duty, is prohibited.
• Employees must know and understand the possible effects of drugs, medication or mood-altering agents, including those prescribed by a doctor, which in any way, will adversely affect their ability to work safely.
Appendix – 37
Questions and Answers
How was the policy developed?
Representatives from management, law, operations, safety, human resources, occupational health, andEFAP participated in the development of the company policy. All major unions were invited to participateand given the opportunity to provide their input.
Experts in the field assisted the committee in understanding policy, medical and legal issues.
What are other Canadian companies doing?
An increasing number of companies in all sectors across Canada, including CN's customers, are currentlyestablishing alcohol and drug policies in their workplaces. In addition, railroads across North America haverecognized this as a safety and performance issue and have implemented policies.
Although policies differ widely, many companies have taken a similar approach to CN by placing a strongemphasis on prevention through education, training and access to assistance. This is balanced with specificinitiatives to deter employees from inappropriate use of alcohol or other drugs.
Who will the policy cover?
Employees at all levels of the organization will be covered by this policy, which applies while they areengaged in company business or working on company premises. Because consistency is a priority, therules on alcohol or other drug use or possession apply equally to contractors and tenants.
How will the company help employees under this policy?
CN is committed to actively promoting a safe and healthy working environment free of the effects ofalcohol and drugs. The company will provide prevention programs emphasizing awareness and educationfor all employees, supplemented by appropriate training for supervisors.
The company places a priority on identifying problems before they have an impact of work performance,and ensuring employees have access to confidential assessment, counseling, treatment, and aftercareservices. CN has contracted a professional external EFAP provider to offer employee assistance servicesthat are available on a free and confidential basis to all employees and immediate family members.
Does the policy include random testing?
No. Random testing is mandatory in U.S. railroads and is starting to be used by some Canadian companies.
Random testing involves selecting employees at random for testing, without any cause-related factors. CN'spolicy does not include random testing.
How will this affect the "Rule G By-Pass Agreement"?
There will be no change in the by-pass agreement.
Appendix – 38
Who manages the day-to-day application of the policy?
Supervisors are ultimately responsible for performance management, and are essential to the success of the policy. They should be able to identify declining or unsatisfactory work behavior and performanceand/or identify a problem at an early stage. Supervisors are expected to prevent a crisis by confronting theindividual and encouraging them to deal with their problem. In addition, supervisors must be prepared tohandle situations related to impairment on the job.
What about employee rights?
Employee rights are very important, which is why CN is making every reasonable effort to minimize theintrusiveness of their program, and to provide prevention, training, and assistance opportunities foremployees that need help. There are legitimate employee concerns with respect to privacy, confidentialityand the need for accuracy in the testing process. Moreover, the company policy needs to be well communicated, as well as fairly and consistently enforced.
Individual rights need to be balanced with consideration of the rights of others who expect and deserveworkplace and public safety. While civil liberties such as privacy are especially valid, they are not absolute.
For example, the use of metal detectors at airports and courthouses is universally accepted by the publicas appropriate; anti-drinking and driving programs also have strong support. In that light, public safety,efficient performance, product integrity, and employee morale are legitimate interests that must be served.
There is often too little said about the rights of employees who do not abuse drugs or alcohol, and whoexpect to work in a safe working environment. The approach that each company takes must recognize ameaningful and acceptable balance of all of these viewpoints.
How does alcohol testing work?
Employees required to undergo an alcohol test will be expected to provide a breath sample for analysis inan Evidential Breath Testing Device. Samples will be collected by a trained individual. The employee willreceive a printed copy of the result, and another copy will be forwarded to the company.
How does drug testing work?
Urine samples are collected by trained collectors following stringent procedures. A form (called chain ofcustody) follows the sample through the process to document everyone who handled it, when, and why,to ensure there has been no possibility of tampering with or switching of specimens. The samples areanalyzed by accredited laboratories meeting the highest standards of accuracy to determine if the drugis present.
A small portion of the sample is first analyzed by an immunoassay technique to distinguish samples thatare potentially positive for drugs from those that are negative. Those that show positive on the screen arethen analyzed using another portion of the original sample by a technique ensuring a greater level ofconfidence. Only those samples that are positive for a drug after this second analytical procedure will bereported as positive to the Medical Review Officer.
Appendix – 39
How do I know that the test results are accurate?
Accuracy of the testing process is assured by: the use of trained/qualified collectors; a certified laboratorythat maintains its accreditation and is subject to ongoing unannounced blind sampling (a process to ensurethe lab maintains its accuracy); a chain of custody document that follows the sample through the collectionand testing process; and, an experienced Medical Review Officer who reviews and confirms all positive results.
Can passive inhalation of marijuana smoke lead to a positive test, even if the
employee did not smoke marijuana?
People will often claim that inadvertent exposure to marijuana smoke is the reason for their positive testresult. Passive inhalation can result in detectable levels of THC metabolites (the primary pharmacologicalcomponent of marijuana) in urine. However, clinical studies have found it is highly unlikely that a non-smokingindividual could inhale sufficient smoke by passive inhalation and exceed the drug concentration cut-offlevel. The matter would be discussed with the Medical Review Officer before a positive result is reported.
The Medical Review Officer will report a positive drug test to the company Medical Services only if thereis no medically accepted justification for the positive result.
Is drug testing legal?
There are no Canadian laws which make testing mandatory or which prohibit it. When done in the rightcircumstances, and in the right way, arbitrators, tribunals, and courts have upheld testing, includingCN's policy.
Appendix – 40

Source: https://www.cn.ca/-/media/Files/suppliers/CN-Policies/Drug-and-Alcohol-Policy-CAN-en.pdf?la=en