Stay Informed so Everyone Can Work Safe and Stay Safe

Employers have a legal and moral responsibility to:

• Protect the health and safety of workers
• Protect the public and the environment
• Respect workers’ human rights & privacy interests

The following best practices may be helpful in achieving the above.

Policies:

• Awareness
  • Clearly communicate safety risks of cannabis use
  • Address how to identify possible cannabis impairment
• Code of Behaviour
  • Include a Code of Behaviour in your Policy, outlining standards including:
    • Expectations of acceptable on and off-duty behaviour
    • Work performance and fitness for duty
    • Smoke and scents at work, to address the smell of cannabis
• Roles
  • Specify whose task it is to:
    • Approach a suspected impaired employee
    • Impose a disciplinary measure
    • Keep records
    • Evaluate the Policy
    • Monitor work performance
• Reporting Procedures
  • Encourage reporting of unsafe behaviour – best practices include voluntary and non-voluntary disclosures before a violation
  • Protect the privacy of personal and medical information
• Disciplinary Measures
  • Describe the types of disciplinary action that are suitable for your workplace
  • Include consequences of smoking in non-smoking areas, and any actions that make employees feel uncomfortable or unsafe
• Counselling & Support
  • Services such as an Employee Assistance Program (EAP)
  • Consider covering medical marijuana in benefits plans
  • Promote prevention, rehabilitation, and mental health and wellness

Obligations:

• Accommodation for Medical Marijuana
  • Accommodation can begin by mirroring the practices developed for accommodating any employee who is authorized medications that have the potential to impact or impair his / her work, or pose a safety risk to themselves our others
  • Remember, addiction is a disability that may require accommodation
• Employees Must…
  • Be aware of their roles and responsibilities under fitness for duty and drug & alcohol policies
  • Follow the Internal Responsibility System (IRS) including:
    • Self-disclosure and reporting fellow workers where impairment is reasonably suspected
    • Cooperate in the accommodation process
    • Balance accommodation with safety and privacy obligations

Training:

• Educate Managers, Supervisors and employees on your Policy – this includes:
  • Making information readily available
  • Training all new employees
  • Retraining for changes to the Policy
  • Continuous improvement
• Training Supervisors and workers to recognize signs of potential impairment, including:
  • Methods to report concerns safely and confidentially
• How to approach a co-worker who may place themselves or others at risk
• Continuous improvement is a fundamental best practice of a strong Safety Culture – this includes:
  • Staying informed of the latest research and regulations regarding the many questions of cannabis use and workplace safety
    • A key example is measuring and testing a person’s THC levels, and determination of impairment – all of which are being studied

The affects of cannabis can vary greatly between users, and the different ways cannabis is used can alter concentrations of THC exposure. Some users may not show signs of impairment, even though they have significantly high THC concentrations, while others may be impaired with much lower THC levels. Unlike alcohol, THC is detectable in a person’s body for weeks, meaning a person could have residual THC present in their system and not be impaired. This is a challenging issue for zero-tolerance policies when recreational cannabis use is legal.

Also, unlike alcohol, there is presently no precise measurement or timely testing method for determining impairment by cannabis. There are also strict limitations on drug testing in Canada.

As we can see, there are still many questions around cannabis use and workplace safety and a key best practice is staying informed and trained on the latest developments. Employers should educate themselves, so they will be prepared for questions that may arise.

For training and education resources, click here: www.worksafestaysafe.com.