Marijuana’s Legal-Now what?

There is still a lot unknown about the Cannabis Act (Bill C-45) but we do know that the biggest change this legislation has brought about is  simply the legal purchase of recreational marijuana. Our duty to accommodate has always existed and, as employers, its important to understand both our rights and obligations.

Recreational Marijuana: Employers can limit and/or restrict recreational use of marijuana and prohibit impairment at work similar to alcohol and can require disclosure of impairment due to recreational use, similar to any other over-the counter non-prescription drug which may impact the employee’s behaviour.

Medicinal Marijuana: The use of medicinal marijuana and the employer’s duty to accommodate is not new. Human rights and accommodation relate to a disability. Either directly from an addiction to marijuana (or other drug); or indirectly due to treatment for another illness/injury. Company policies should state that for an accommodation, to be considered, the employee must disclose the need for an accommodation.

Substance Management Policies: It is critical to ensure Company policies are well written with regards to substance management emphasizing the company’s willingness to support addiction, while also restricting the ability for employees to take advantage of this new legislation, after the fact

How do we accommodate and still ensure we are providing a safe work environment for our staff?

Its important to note that a prescription for medical marijuana does not allow an employee:

• To be impaired at work, thereby affecting the quality of their role
• To have their actions affect safety in the workplace
• To violate smoking laws
• To get away with unexcused absences or tardiness

Companies will work with the employee and their medical practitioner, as they would for any other accommodation and attempt to find the best workplace solution without compromising the safety of their staff. Safety of the workforce still remains the most important obligation of any employer.

What steps should we take if someone suspects an employee is impaired at work?
If an employee suspects one of their co-workers are impaired, they should alert their immediate manager, who if has a reasonable suspicion that an employee may be impaired, are to have a private discussion with the employee.

Any and all discussions and complaints raised should be properly documented, and after looking into it, the manager must use their judgement to assess safety. If a manager has deemed an employee’s ability to safely perform their duties has been impaired by drugs or alcohol, the manager should immediately take steps as necessary to prevent the person from causing any injury to themselves or others.

Anyone finding themselves in a situation where they are uncertain of what to do, please contact Your HR Partner Consulting Services