THE CANNABIS ACT
with the provisions of applicable collective bargaining
agreements.
ACTION STEPS FOR EMPLOYERS
Organizations that fail to adapt to the legalization of
recreational marijuana could face a number of HR, workplace
safety and administrative challenges. To effectively respond to
the Cannabis Act, employers should do the following:
•
•
Set clear expectations—Because recreational marijuana
usage will be legalized, employees may be under the false
impression that they can smoke during work hours or
come to work under the influence of marijuana. As an
employer, it’s important to set clear expectations about
recreational marijuana usage. Throughout the onboarding
process and during training updates, remind employees
that recreational marijuana use is strictly prohibited in
the workplace.
Update drug policies—Legalizing recreational marijuana
could increase the number of employees who smoke.
Accordingly, employers must update existing drug
policies and communicate new rules to employees. These
guidelines should outline testing procedures and define
when testing may take place. While marijuana use will no
longer be illegal, employers can restrict the possession of
marijuana in the workplace. Above all, you must clearly
outline the differences between medical and recreational
use, and ensure each is addressed with specificity. The
following are some key policy conditions and terms to
consider:
• The definition of a drug
• The definition of a workplace
• If current policy language around the use of alcohol
in the workplace can be used for marijuana usage
• Policy language around permitted use of recreational
marijuana during breaks, at lunch, at client functions
or at company functions, if applicable
• Policy language related to required sober periods
before work, if applicable
• Policy language related to disclosing marijuana
addiction and medical marijuana usage
• Accommodate health needs—Remember, marijuana can
be used to treat an illness or medical condition. In these
cases, it may be helpful to review existing policies and
procedures related to the use of prescription medications
in the workplace.
• Discipline employees when applicable—Remember that
marijuana legalization does not give employees the right
to freely smoke in the workplace. Employers should expect
their employees to show up sober and ready to work.
Employers should be empowered to discipline employees when
marijuana usage has an adverse impact on job performance.
•
Understand the impact of marijuana—Marijuana in the
workplace can have many ill effects, and it’s important for
employers to have an understanding of the drug. Above all, take
time to understand the effects of marijuana and the workplace
issues it can create.
Now more than ever before, both employers and employees must
know how to discuss and deal with marijuana at work. One of
the best things you can do as an organization is to stay informed,
be prepared for questions that may come up and understand the
implications of marijuana.
It should be noted that occupational health and safety legislation
across Canada requires employers to ensure a safe workplace.
Employers that fail to follow workplace laws could face serious fines
and penalties.
For more workplace risk management solutions, contact Knight
Archer Insurance Ltd. today at knightarcher.com. +
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