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July 17, 2018 | Ryan Murphy | Comment
The forthcoming legalization of marijuana in Canada raises all kinds of questions for employers across the country. Here are some answers …
When the Toronto Transit Commission (TTC) introduced a policy of random drug testing, it wanted to ensure that its workforce knew what it expected of them. [19659008] In 2017, the Queen's transit administration mailed a guide to all of its employees and also published it online so that they are fully aware of the testing process that is being carried out. at 20% of its workforce each year. The introduction of random testing was the answer to an increase in the number of positive tests for drug and alcohol use among employees who were suspected of impairment.
While the context of the TTC seems unique, it is far from the only company in the country that revises its drug policies and practices. Especially with the legalization of marijuana on the horizon
"I make the comparison with alcohol," says Brad Ross, TTC spokesman. Most [des employés] know that one must not come to work drunk or go out for lunch, get drunk and come back to work. The same principle applies to marijuana or any other drug.
Of course, the challenge for business is not so simple. While the use of the pot for recreational purposes will be legal in Canada this summer, employers need to find answers to many questions, including the implications for their addiction policies, the potential consequences for worker safety, and the programs they offer.
Many will have already considered the question. For others, a good starting point would be education and training on the implications of weakening capabilities, suggests Loretta Bouwmeester, a partner at Mathews Dinsdale & Clark.
As we approach legalization, M me Bouwmeester expects to see many publications extolling the benefits of marijuana. "There are already a lot of documents, which could be described as marketing, on the medicinal and even recreational use of cannabis," she explains. What is missing is a very good understanding of the negative consequences and the risk of compromising safety in the workplace. Training and education will be essential because the majority of employers already have rigorous drug and alcohol programs or work readiness. Marijuana should be treated in the same way as any other drug or drug that may impair your ability.
Updating work fitness policies and expectations of employees who use marijuana should be on the to-do list to prepare for legalization, says Dr. Melissa Snider-Adler , addiction expert and medical examiner at DriverCheck, a company specializing in medical testing.
These are key issues, she says, "because politicians often talk about alcohol, prescription drugs, or illegal substances. But legal marijuana does not fall into these categories. We must therefore ensure that we have an up-to-date policy that covers cannabis.
As D re Snider-Adler points out, some aspects are rather simple. "Just like with alcohol, we expect [le travailleur] to take it to the office and not drink it before starting the shift. Of course, some people drink alcohol at dinner time, but it would not be acceptable to get drunk to the point of not being able to work or drive. The general rule is not to work under the influence of alcohol. It will be the same for cannabis. The fact that it is legal does not mean that we will have the right to bring it to work, to consume it on site or before, and this, since it reduces the faculties.
More than anything, we need to take a proactive stance on governance issues, according to Gregory Clooney, Senior Legal Counsel at Morneau Shepell. "All employers need to review their policies and procedures," he says. The need to make changes or clarifications will depend on the reality of each business, but at least take a look.
These revisions will need to go beyond substance abuse policies to include other issues that may arise. "There may be a policy of accommodation that needs to be considered. There may already be a marijuana policy that will have to distinguish between medicinal marijuana and the recreational pot, "said Clooney, adding that odor-free workplaces will also need to address the issue. [19659013] HR Challenges
Employee safety is, of course, one of the major human resource concerns. While the legalization of marijuana should be considered when disciplinary action is taken, Clooney believes that a zero tolerance policy is too severe, as there are currently no tests that measure the effects of marijuana on faculties
He notes that tests in the United States typically use saliva samples to detect tetrahydrocannabinol (THC) in the body, but are unable to evaluate the weakening of the faculties. "And it works south of the border because the rules and regulations are different. Here, employers need to know that the sample only indicates the presence of THC in the body. It does not show that the individual is impaired. It would be like penalizing someone on Monday for drinking a few beers on a Friday night.
A key element, of course, is situations in which drug tests can be conducted. While the Canadian framework is more restrictive than the US, scenarios exist in which they would be allowed, says Shane Todd, partner at Fasken. For example, if there are reasonable grounds to suspect impaired or returning to work for an employee who has admitted to having a drug problem and who has received rehabilitation treatment. Performing tests after an incident would also be possible.
"These are the types of tests that are generally allowed," says Todd. Non-security tests are more difficult to justify. That does not mean we do not do it, but it is more difficult to defend them in court or a human rights tribunal.
Another important point: some new users may be unaware of the effect the drug will have on them, says Loretta Bouwmeester, noting that the THC content of marijuana has changed significantly over time and that the black market will not disappear. not after legalization
"If the drug is purchased from an illegal or unauthorized supplier, its potency or content is unknown. It is at this time that one can suffer serious consequences, if for example it contains fentanyl, she continues. The effects will also vary depending on how cannabis is used and its concentration. It takes [que les employés comprennent] the real effects of the different ways of consuming it.
Faced with increased demand for medicinal cannabis coverage and more court decisions in this case, employers will have no choice but to consult knowledgeable professionals, concludes D re Snider-Adler. "No doubt because of the legalization, there is a huge growth in the number of authorizations to use therapeutic marijuana. To be honest, it will probably be a bigger problem for employers than the legalization of recreational cannabis.
Medicinal marijuana: not the same effects as the pot
When talking about the risks of using cannabis in the workplace, Sandra Ventin, Associate Vice President at Accompbad, points out that medicinal marijuana products are based on cannabidiol and, therefore, do not cause psychoactive effects to the same degree. "So someone could say that he consumes medicinal cannabis – under the supervision of a doctor, so in a regulated manner and with follow-up, hopefully – but that he is not frozen, and he would be right. He receives treatment for his illness. In the majority of cases, medicinal marijuana is supplied in the form of dye or cream, which means that the user is not smoking or vaping. "If employers put limits on what they are willing to tolerate for employees treated with medicinal cannabis, it may upset those who do not consume less," says M me Ventin.
Text written by Ryan Murphy, journalist at Benefits Canada . Translation and adaptation of Simeon Goldstein
• This text was published in the June 2018 edition of Avantages
It is also available in PDF format .
You can also consult the whole issue on our website .
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