INTERVIEW THE CANNABIS BETTER ACT
The Cannabis Act
How Employers Should Respond
In the near future , the use of cannabis for recreational ( non-medical ) purposes will be legal across Canada . The legalization of marijuana not only affects the general public , but it will also have a sweeping influence on how employers manage their workforce . As such , it ’ s crucial that employers adopt clear policies on the use of drugs and alcohol to prevent workplace accidents , increases in sick claims and decreases in employee productivity .
To respond effectively to the legalization of marijuana , employers need to have a basic understanding of the impact of the Cannabis Act itself and what steps they should take to ensure a safe and healthy workplace .
THE IMPACT OF THE CANNABIS ACT ON EMPLOYERS
Through the Cannabis Act , Canada becomes the first G-7 country to legalize the drug nationwide . Among other things , the federal law allows the provinces to create specific regulations for cannabis use related to impaired driving and workplace safety .
The most important thing to remember about the Cannabis Act is that it does not alter the responsibilities of employers and
employees when it comes to the use of drugs and alcohol in the workplace . With that in mind , the following are some major items of note regarding the legalization of marijuana :
• Despite the fact that marijuana will be legal recreationally , employers retain the right to regulate the consumption , possession and trafficking of cannabis at work . Employers may also prohibit employees from working under the influence of cannabis .
• The Cannabis Act does not change an employee ’ s responsibility to promote workplace safety . Employees must continue to perform their work with care and ensure they do not endanger the health , safety or physical wellbeing of their co-workers . Failing to uphold workplace safety practices may result in disciplinary action , up to and including dismissal .
• In general , random drug tests , screenings and searches in the workplace are prohibited . However , employers may verify employee possession or intoxication if there ’ s a reasonable suspicion of restricted workplace marijuana use , a workplace accident occurs or the employee recently returned to work following previous issues of restricted marijuana use . When it comes to interviewing and hiring employees , employers may require a drug test for cannabis in the following two circumstances :
1 . Where the workplace or position has major safety concerns that would be exacerbated by the use of marijuana in the workplace
2 . Where an employer has reasonable grounds to believe that a prospective employee consumes marijuana in an unhealthy way that could affect his or her work performance
• Under human rights legislation , employers are obligated to accommodate employees who are addicted to drugs . However , this obligation applies only to employees with a real problem of dependency . If an employee ’ s substance usage is determined to be an addiction , employers cannot fire him or her for reasons related to the addiction .
• Employers must ensure that that the adoption , modification and enforcement of drug or alcohol policies is performed in accordance
28