Risk & Business Magazine Cain Insurance Magazine Winter 2018 | Page 8

THE MARIJUANA ISSUE AT WORK Handling The Legal Marijuana Issue At Work BY: MATTHEW WRIGHT I f there is one thing that most people have learned over their lifetimes, it’s that you shouldn’t show up to work under the influence. Drug tests are a standard part of many job screenings, and positive results would traditionally rule out any possible drug users, including those who are partaking in marijuana. So, what happens now that legalization of marijuana has expanded across the nation? How will workplaces reconcile the current laws— some of which seem to be contradictory— with their traditional and standard policies on this issue? Whether it is stated directly or simply implied, most everyone understands that employers are responsible for individuals who are employed on their property and who are acting under their authority. Thus, employers have the right, should they so choose, to put drug policies in place. It is essential, however, that they 8 have a documented cannabis policy that can mitigate some of the risks they might become open to due to the new laws and regulations. This isn’t done to exclude employees who use marijuana; it is done to protect the business from potential negative consequences of that use. Businesses are responsible, first and foremost, for the protection of their own interests, employee safety, and customer safety. The flip side to that is that medical marijuana issues could potentially be argued as a health-and-safety issue for employees who have prescriptions, for instance. Right now, businesses are able to prohibit the use of alcohol during work hours. They can also prohibit employees from showing up to work under the influence of alcohol. In the same way, they can have firm and consistent zero-tolerance rules for marijuana. The difficulty here is a question of individual regulations. With new rules coming into place every day, different laws in different provinces, and marijuana being legal at the federal level, it is almost like walking through a minefield determining what is legal in terms of the use of marijuana. So what are employers to do? How can they navigate these issues and still maintain high employee retention rates and productivity? These questions are tough but have to be answered in the wake of constantly changing regulation. For more information, contact Cain Insurance for a consultation about what your workplace can do regarding its marijuana policies. Matthew Wright, 24 year old marketing Intern at Cain Insurance. Currently set to graduate in May 2019 with an Arts Degree from St. Thomas University with a double major in Communications and Science and Technology.