policies & procedures
Maintaining Expectations
THE LEGALIZATION OF RECREATIONAL MARIJUANA DOESN’T
TRANSLATE INTO A FREE-FOR-ALL IN THE WORKPLACE
Bill C-45, the Cannabis Act (the Act), will come into force
on Oct. 17, 2018, creating a legal framework for the recre-ational
use of marijuana. Although it may seem that this
will create a new set of complex issues for employers to
manage, there already exists prior experience and past practices
managing the use of alcohol and illegal drugs in the workplace, and
prescription drugs that could cause impairment while working.
The legalization of recreational marijuana does not provide
employees with a right to use marijuana in the workplace. Both
now and after the Act is in force, employers have the right to estab-lish
policies pertaining to the use and possession of marijuana at
work, which is similar to their right to do so with respect to the use
of alcohol and illegal drugs. This is particularly important when
the workplace environment is safety-sensitive, as employers must
meet their obligations under applicable occupational health and
safety legislation to protect the health and safety of their workers
and the public.
As many employers will already have existing drug and alco-hol
policies in place, the legalization of recreational marijuana will
require employers to update these policies. If an employer does not
yet have an existing policy, it would be a good idea to create one. A
comprehensive drug and alcohol policy is an important means of
establishing what is and is not acceptable with regard to marijuana
use and possession in the workplace.
New and updated drug and alcohol policies may be zero-tolerance,
forbidding the use and possession of marijuana at work
and forbidding employees from attending work while impaired, but
subject to the obligation to accommodate employees with substance
addictions and disabilities. A policy may provide details about the
disciplinary process to be followed if an employee is suspected of
By Monty Verlint and Rhonda B. Levy
stockbroker / 123RF Stock Photo
Have employees sign updated policies to ensure they are aware of and understand expectations
HRPROFESSIONALNOW.CA ❚ OCTOBER 2018 ❚ 29
/profile_stockbroker
/HRPROFESSIONALNOW.CA