Cannabis In The Workplace
Prime Minister Justin Trudeau has announced that recreational marijuana will be legal in Canada effective October 17, 2018. So what does that mean for employers? What does it mean for your employees? At present, there are a lot of unanswered questions.
One of the most important things you can do as an employer, to prepare for the official legalization of recreational cannabis, is have a substance use policy in place for your organization. That's a tall order considering there are few, if any, precedents.
Here are a few suggestions that will help you get started. If you require further help, consult a professional to help you establish a policy that meets your needs and federal/provincial/territorial regulations. You may also want to consult a lawyer if there are legal questions that remain unanswered.
1. Implement a Substance Use policy statement that at least covers the basics. A policy statement that outlines your organization's position on substance use; the purpose and intent of the policy; who is covered by the policy; when and where the policy applies; what substances are included; and the expectations, roles, and responsibilities of the employer to provide a safe work environment. It should also outline the employer's 'duty to inquire' and the employee's 'duty to disclose' if they are using any substance that could affect their ability to perform work safely.
2. If your organization requires a more in-depth policy, it should include proactive elements such as education and training to help reduce and deter substance use and develop a supportive workplace culture and norms with respect to all substance use, including alcohol, and any related business or after-work social activities.
3. Clear procedures on how to monitor, detect, and handle substance use and impairment, either from alcohol or other drugs, or from workplace fatigue should be included in this policy. Behavioural and performance indicators of potential substance use or impairment should be clearly defined and documented, along with the roles of various personnel involved in inquiring about, detecting, and handling suspected cases of impairment caused by substance use or fatigue. The policy should clearly state what substances, if any, are permitted on-site and to what extent searches or testing are included in the policy.
4. Providing support to employees can have a favourable effect on reducing the impact of substance use in the workplace. This includes education and training, referrals to community services, and other support services.
5. Return to duty details should be included in a comprehensive policy and will outline the employer's duty to accommodate employees who have been determined to have a substance use disorder or disability along with the condition and process by which such employees may return to work after an extended absence. For those working in a safety-sensitive environment this may include follow-up testing and fitness-for-duty evaluations. These policies should also take into account the potential for relapse during recovery, since this is a common experience for people effected by substance use.
6. Non-compliance violations should be clearly identified and explain the process involved and consequences for non-compliance. This includes disciplinary actions and deterrence measures to be taken by the organization.
7. Any policy that is developed should include the legal requirements set out for employers through applicable federal and provincial/territorial regulations and legislation.
As case law becomes available, policies will need to be reviewed and modified to ensure that they are compliant with all applicable legislation. Given the stigma that remains attached to marijuana use, many employers will instinctively want to avoid the issue altogether, which could lead to potential legal and financial issues down the road. AG Small Business Services can help you develop a policy that meets your unique needs, addresses your unique situation, and ensures compliance with federal and provincial/territorial legislation.
