Many organizations may have been dreading October 17th – cannabis legalization day.  Now that it has come and gone, a false sense of security may sweep over some because the sky didn’t fall.  However, prohibition may have ended, but our work as employers and employees has just begun.  Over the next few months and years, we will be together on a steep learning curve.  But, as long as we show genuine due diligence, we can at least look ourselves in the mirror and know that we are doing everything reasonable within our power.

But, what are the key steps in ensuring due diligence around cannabis legalization?

Below are a few of the actions that can be taken by an organization to protect their people and sustain their corporate continuity.

1. Develop and implement a formal Cause for Reasonable Suspicion Policy and Procedure (and train supervisors on its proper execution).

• A solid Cause for Reasonable Suspicion Policy is important for addressing workplace impairment resulting from any source (not just cannabis).  However, if you do not currently have a Policy in place now, it may be as good a time as any.  Recreational cannabis users are among the most impassioned, ardent and educated substance users regarding their drug of choice.  Having a process in place that allows you to protect people from unsafe situations resulting from impairment, while protecting the privacy interests of the individual in question will be imperative in preventing legal action against the organization.  Without a formal Procedure, your process will be ad hoc, and easily scrutinized in court.

2. Know your workplace – define what positions are safety-sensitive and decision-critical.

• You cannot know where your greatest risks reside, regarding workplace impairment, without knowing the areas, tasks and personnel that have the greatest impact on level of safety.

3. Ensure you have a formal document in place that outlines the proper procedure for meeting your legal requirements regarding Duty to Accommodate.

• Cannabis is an addictive substance and, in an instance where a worker suggests a drug dependence issue, they must be extended a level of accommodation.  In Canada, addiction is considered a disability.  Ensure you have a process that stipulates what accommodation may look like and make certain there is a clause regarding Undue Hardship – if a worker cannot perform a task within their skillset because of potential impairment, this may engage an Undue Hardship clause.  It’s also worth mentioning that Zero-Tolerance Policies do not consider the potential for addiction, which could be interpreted as a Human Rights violation.

4. Implement or revise your Fitness for Duty Policy.

• Ensure your Fitness for Duty Policy does not cite cannabis as an illicit substance and that the information provided within the document outlines the expectations regarding conduct in the workplace.

5. Educate.

• This step cannot be overstated.  You will not see your intended return on all other steps without educating the entire workforce on this cultural shift.  Ensure the educational resource does not just transmit information, but transfers understanding.  If the course does not provide proof of competence, all other efforts in protecting your people and your business will be bankrupt.

With any change that comes to the workplace, we should always be keen to respond to that change with proactivity.  The very worst thing you can do is nothing.  Don’t leave your people and business blowing in the wind.