possess medical marijuana in the next ten years to reach 450,000.
There is growing evidence that medical marijuana helps alleviate
pain and can be a viable alternative to prescription medications
for various medical conditions and symptoms. Still, use of medical
marijuana remains a sensitive matter for employers.
Here are five things employers need to know about marijuana
in the workplace:
1. THE BURDEN OF RESPONSIBILITY LIES WITH
THE EMPLOYER AND MANAGEMENT
Since Bill 148 (Fair Workplace Better Jobs Act) came into effect in
January 2018, the responsibility lies with the employer to accom-modate
employees in various situations. Typical scenarios include:
■■ The use of medical marijuana during work hours
■■ Change in work schedules due to marijuana-related health issues
■■ Provision of a safe workplace environment for users
and non-users
■■ The launch of an investigation if an employee files a complaint
Bill 148 provides employees with rights they didn’t have before
and means the burden of proof is on the employer and manage-ment
to respond appropriately.
2. TAKING A PROACTIVE APPROACH MAY PROVE
MORE COST-EFFECTIVE IN THE LONG RUN
Some employers, especially smaller businesses, have not yet
updated their workplace policies. This could be due, in part, to the
expense of dealing with HR consultants and lawyers. For those
who have taken this step, proper communication of the new pol-icies
is critical in order to follow through with implementation
and reporting.
Under the new law, should an issue arise, the government may
be called in to investigate at the employer’s cost. This would be sig-nificantly
more expensive than hiring an HR professional to set
up proper HR policy in advance. Done correctly, it would remove
ambiguity and – to a degree – protect an employer from poten-tial
legal action.
3. THE RULES FOR MEDICAL
MARIJUANA ARE DIFFERENT THAN FOR
RECREATIONAL MARIJUANA
Employers should be aware of the differences between medical
and recreational users. The three main differences are:
■■ Users with a prescription for medical marijuana can carry one
month’s supply (up to 60 grams) whereas recreational marijuana
users can carry only 30 grams in public
■■ Those who need marijuana for medical reasons can smoke in
a tobacco-smoking area while recreational users (at least, in
Ontario) can smoke only at home
■■ Medical marijuana users may be getting a rebate on their
purchases in the future (still under discussion) and can
currently claim any unreimbursed costs on their tax return
under the medical tax credit. This, however, does not apply to
recreational users
4. ADDING MEDICAL MARIJUANA TO A
GROUP PLAN IS NOT OBLIGATORY BUT COULD
POTENTIALLY SAVE EMPLOYERS MONEY
In a recent legal ruling (Skinner v Board of Trustees of the Canadian
Elevator Industry Welfare Trust Fund), the Board clarified that
adding medical marijuana to benefit plans is not obligatory under
the human rights code. However, it can be advantageous for an
employer to offer this coverage since a number of studies show
the positive results of medical marijuana in treating pain and nau-sea
in cancer, arthritis and MS patients. In 2017, the University
of British Columbia published a study that showed 80 per cent of
medical marijuana users switched to marijuana from prescription
medication. Another study conducted by Canabo Medical Inc.,
polices & procedures
IT’S STILL UNCLEAR HOW
AN EMPLOYER MAY LEGALLY
DETERMINE IF AN EMPLOYEE
HAS COME TO WORK UNDER THE
INFLUENCE OF MARIJUANA, AND
WHAT COURSE OF ACTION TO TAKE.
megaflopp / 123RF Stock Photo
30 ❚ AUGUST 2018 ❚ HR PROFESSIONAL
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