Relying on Existing Practices in the Post-Marijuana Legalization Landscape is a Corporate Risk

Maybe the biggest misstep we can take in preparing for the planned legalization of recreational-use cannabis is to presume that our workplace is adequately protected by zero-tolerance policies, previously written to address alcohol intoxication, and impairment from either prescribed medicine or illicit / illegal drugs. In 2018, cannabis-derived products will not fit under any of these categories – most of all, alcohol.

While it may seem to follow that both alcohol and cannabis use result in impairment, therefore they can be interpreted similarly, organizations that decide to take this approach will find out the hard way that this issue is not so black and white.

Upon legalization, cannabis will be a recreational-use substance – much like alcohol. However, this high-level category may be their only relation. Much like any other circumstance where one substance is put head-to-head with another – it is seldom ever an apples-to-apples comparison. While it is true that both alcohol and cannabis are impairing substances, the way in which they interact with and impact the brain and body are worlds apart.

Much is still unknown with regard to adequate testing methods for objectively confirming impairment from cannabis.

Employers have the right to enforce a zero-tolerance policy against impairment in the workplace that could impact safety. What is your current policy for drug, alcohol and substance abuse?

A clear policy will establish guidelines for:

• What is acceptable
• Recognizing the signs of potential impairment
• The consequences of not following the policy
• Sources of additional information

The policy should address the expectation of behaviours for off-duty conduct to ensure workers are fit for duty and able to perform their job safely. The policy could include corrective actions, such as encouraging conversations, requesting medical assessments, or sending a person home. If a person is sent home, due to suspected impairment, do not let them drive.

Employers should include a specific section on medical marijuana, outlining which forms of medical proof will be required, and what accommodation is available.

If you have a policy, now is a great time to have it reviewed to ensure it suitably addresses the impending legalization of recreational-use cannabis. If you don’t have one, now is a great time to develop one.

For more information on Policies, Obligation and Training applicable to the legalization of recreational-use cannabis, please go here: www.worksafestaysafe.com.