October



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October 11, 2016
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Bermuda Passes Information Privacy Bill

"The island 's first information privacy legislation has been passed in the Senate, but is likely to be delayed two years to allow organisations to prepare. However, a privacy commissioner will soon be enacted, national security minister Jeff Baron told the Upper House, opening the way for public consultation. The Personal Information Freedom Act covers the use of personal information in electronic and hard-copy form, by all businesses, organisations, charities and government departments. Baron said it would make the island ""attractive to businesses wishing to locate from both sides of the Atlantic"". The Bill will usher in a cultural shift for Bermuda, One Bermuda Alliance senators Lynne Woolridge and Georgia Marshall said in voicing their support, while Michael Fahy, the tourism minister, said it would bring a complete legal shift in terms of international business. Baron called the right to protect personal information ""a fundamental human right""."

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October 11, 2016
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Marijuana and the Canadian Workplace

Although non-medical and recreational use of marijuana remains illegal in Canada, its use for medical purposes is permitted under the Regulations to the Controlled Drugs and Substances Act, creating a need for employers to ensure that their policies accommodate employees ' needs while balancing impairment and safety concerns. It is recommended that employers require medical proof of prescription and details regarding the frequency, volume and method of ingestion, as well as updating drug and alcohol policies, modifying human rights and accommodation policies, introducing protocols, establishing a framework for testing impairment, and training management on the application of all policies.

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| Manufacturing
October 11, 2016
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Drug Testing in the Workplace - An Update

In 2013, the Supreme Court of Canada released its decision in Irving Pulp, a case which arose when the union representing Irving 's workers brought a grievance challenging the company 's mandatory random alcohol testing policy.

The Supreme Court held that the little evidence produced by Irving Pulp of substance abuse problems with its workforce was not sufficient to override the privacy rights and interests of its employees. Employers continue to face an uphill battle and it has proved to be a difficult task (some would say impossible) to develop an enforceable drug and alcohol testing policy. Despite other cases on this topic, the test established by the Supreme Court in Irving Pulp remains the test to meet. Employers must continue to strike a balance between the health and safety concerns of the workplace and the privacy interests of the employees.

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