work function? Do they have employees in safety-sensitive posi-tions
or that perform safety-sensitive tasks? Could an employee
pose a risk to other workers or themselves if impaired? These are
just some of the questions employers need to ask.
The second obligation results from human rights legislation and
states that employers have a duty to protect their workers from
discrimination on the basis of a disability. Drug and alcohol addic-tions
are usually considered disabilities under this legislation and
are protected from employer and co-worker discrimination.
It is also imperative that employers understand that if an
employee has authorization for medical cannabis treatment from
a health practitioner, they are considered to have a disability and
cannot be discriminated against. Further, if the employee requests
accommodation for a disability that medical cannabis has been
authorized for, the employer has a duty to accommodate such a
request up to the point of undue hardship for the employer. Some
examples of accommodation include a change in work position
or job duties, a move from a safety-sensitive position to a non-safety-
sensitive position, flexibility in work hours or an alternate
break schedule.
To some employers, the two obligations might seem like they
are competing in some instances. That is, the duty to provide a safe
workplace versus the duty to accommodate an employee’s use of
medical cannabis or their alcohol or drug addictions.
So, what is an employer to do?
First, they need to review internal organizational policies and
procedures for completeness and ensure these documents are
adapted to include a discussion on cannabis. For most organi-zations,
this would include prohibiting the use of recreational
cannabis in the workplace. Some of the organizational policies and
procedures that should be reviewed include:
■■ Employment (and employment contracts)
■■ Safety
■■ Alcohol and drugs
■■ Fit for duty or fit for work
■■ Business code of conduct
In addition, the organization’s HR practices on “employee
accommodation for disabilities” should be reviewed to ensure:
1) they exist; 2) they include a discussion on cannabis; 3) they
meet human rights legislation requirements; and 4) they are car-ried
out in a consistent manner throughout the organization. The
organization should also check that their HR representatives fully
understand the duty to accommodate obligation and the organiza-tion’s
approach to accommodation.
The next step is to train leaders on the amendments made to
organizational policies and procedures, new policies or procedures
that may have been developed, the duty to accommodate process
and their role in it as a leader and how to identify and address
issues of cannabis impairment at work. It is important at this stage
to ensure supervisors are provided with sufficient information to
have a solid understanding of internal policies and practices. They
need to be able to confidently answer questions that may be raised
by employees.
Employees also require training and education, albeit not
as in-depth as leadership training. They should be provided
with cannabis awareness training and educated on any new, or
amended, workplace policies and procedures. It is also important
they understand their rights and responsibilities in respect to both
recreational and medical cannabis. For many organizations, con-sideration
should be given to whether employees be provided with
training on impairment awareness and what steps to take if they
encounter it in the workplace. For some industry sectors, this is
a requirement.
Lastly, employers should consider whether a prevention and
awareness campaign is right for their workplace. A “Fit for Duty”
campaign can help with cannabis awareness (i.e., facts, risks, ben-efits),
identify potential health and safety risks resulting from
cannabis use, further strengthen employee understanding of cor-porate
policy and help improve employee engagement by showing
the organization cares about employees.
For employers that decide a prevention and awareness campaign
is right for their organization, be creative. Campaigns can consist
of posters, newsletters or company intranet articles, desk drops
with facts about cannabis, pop up informational booths, lunch
and learns, brochures, quizzes, contests, stickers, guest speakers,
etc. The most effective awareness campaigns often use a variety
of communication methods. Campaign topics could include: 10
myths about cannabis use, nine marijuana risks, marijuana harm
reduction tips for parents, marijuana effects on brain development
in youth, is marijuana use addictive, driving under the influence of
cannabis, marijuana and mental health and marijuana effects on
the unborn child. These are just a few ideas to get you started – at
the end of the day, do what is right for your organization. n
Kym Fawcett is a senior EHS advisor at Cannabis Learning Series.
polices & procedures
DRUG AND ALCOHOL ADDICTIONS
ARE USUALLY CONSIDERED
DISABILITIES UNDER THIS
LEGISLATION AND ARE
PROTECTED FROM EMPLOYER AND
CO-WORKER DISCRIMINATION.
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20 ❚ SEPTEMBER 2018 ❚ HR PROFESSIONAL
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