Risk & Business Magazine Miller Insurance Magazine Winter 2018 | Page 6

THE CANNABIS ACT
What Canadian Businesses
Need To Know About The
Cannabis Act
L
ike it or not, the use of cannabis
is legal in Canada for recreational
purposes. That change in the law
having significant impacts on
the general public, but it is also
changing the way employers deal with their
businesses. It’s essential that employers put
clear policies in place regarding the use of
drugs (including marijuana) and alcohol to
prevent incidents in the workplace, reduce
sick claims, and maintain normal levels of
employee productivity. The time to act is
now.
How, exactly, has the Cannabis Act affected
employers? In a number of fundamental
ways:
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• The Cannabis Act has changed the
responsibilities of employers or
employees in terms of drugs and
alcohol in the workplace.
• Though the federal law has legalised
marijuana, it allows for provinces
to create regulations specifically
regarding cannabis use when related
to workplace safety and driving.
• Even with marijuana now legal
recreationally, employers still have
the right to regulate trafficking,
consumption, and possession at
work. Additionally, employers can
still prohibit employees from working
under the influence.
• Though random drug tests and
searches are generally prohibited
in the workplace, employers are
still able to check for possession of
drugs or intoxication of employees
after accidents occur, if they have a
reasonable suspicion of restricted use,
or when employees are returning to
work after previous issues regarding
marijuana use.
• There are still two circumstances
during which employers can require
drug tests for interviews or new
hires: when the workplace has safety
concerns which could be made worse
by marijuana use, and when the
employer has reasonable grounds
to believe the prospect might use