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CANNABIS ACT
A
s of October 17, there is now
a legal framework for the
possession and recreational
use of cannabis in Canada.
The Cannabis Act is having
significant impacts on the general public,
and it will change the way employers
approach their business. 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 employee productivity. The time
to act is now, not after an incident occurs.
How could the Cannabis Act affect
employers? In a number of fundamental
ways:
• The Cannabis Act has not changed
the responsibilities of employers or
employees in terms of drugs and alcohol
in the workplace.
• Though federal law has legalized
marijuana, it allows for provinces to
create regulations regarding cannabis
use related to workplace safety and
driving.
THE KEY TO A SUCCESSFUL
LAUNCH IS TO BE PREPARED
WITH POLICIES AND
PROCEDURES SO YOU WON’T BE
CAUGHT OFF GUARD BY ISSUES
RELATING TO MARIJUANA.
Discussing marijuana with the
management of your company and with
employees is not restricted, so why not
take the time to do it? Whether used
recreationally or medically, cannabis is
likely to be used by one or more of your
employees. With that in mind, making your
expectations clear regarding cannabis use
is something that should be done ahead of
time, if only to make everyone aware of the
policies that you have in place. The social
stigma may be gone, but the potential for
workplace accidents or impairments is still
here.
TOP FIVE CONCERNS OF CANNABIS
IMPACT ON THE WORKFORCE
• Even with marijuana being legal
recreationally, employers still have
the right to regulate trafficking,
consumption, and possession at work.
Additionally, employers can prohibit
employees from working under the
influence. 1. Employees operating motor vehicles
• Though random drug tests and searches
are generally prohibited in the workplace,
employers can check for possession of
drugs or intoxication: 5. Attendance
• after an accident, 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 prospective
employee might use marijuana in an
unhealthy way which may affect work.
2. Disciplinary procedures
3. Decreased work performance
4. Employees using heavy machinery
WHAT STEPS CAN AN EMPLOYER TAKE
TO HELP HANDLE THESE CHANGES IN
LAW? HERE ARE A FEW TO START OUT
WITH:
• Discuss the expectations that you have
with regard to marijuana. Now that
recreational usage has been legalized, it
would be easy for employees to falsely
assume that they are allowed to smoke
at work or to begin work while under the
influence. Both of these assumptions
are wrong. During onboarding, training,
and regular staff meetings, ensure you
are reminding your employees that
recreational use during working hours is
prohibited.
• Regularly review ongoing legislation
and legal developments and ensure
your current drug policies are updated.
Your guidelines need to communicate
new rules post-Cannabis Act and
should include information about
testing procedures and the times when
testing can take place. Though usage
in general is no longer illegal, you still
have the right as an employer to restrict
possession and use in the workplace.
Part of your policy needs to define the
differences between recreational and
medical use.
• Marijuana can still be used for the
treatment of illnesses or medical
conditions. Thus, it is important to
accommodate the health needs of
your employees in your policies and
procedures. Be sure not to assume
that using it will impair the employee’s
ability to do the essential duties of their
job. How do you handle prescription
marijuana use?
The key to a successful launch is to be
prepared with policies and procedures so
you won’t be caught off guard by issues
relating to marijuana. Establishing or
updating your drug policy is one good way
to do that. Communicating those changes
to employees in a clear way is the next
logical step.
Do you have a marijuana policy in effect
at your workplace? How might the
Cannabis Act being in effect change that?
What about your local provincial laws?
For an overview of your policy and to
help learn what action steps you could
take moving forward, contact Ken Veach
or any one of our Waypoint brokers at
310-8442.
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