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Given that the purpose
of workplace drug testing
policies is to reduce
workplace accidents,
employers operating
in dangerous work
environments should
seriously consider
adjusting their policies to
include impairment from
recreational marijuana use
while at work.
distinction between medicinal versus recreational marijuana
use. These policies should offer the flexibility to craft indi-vidualized
accommodation plans for employees. Essentially,
workplace policies respecting medical marijuana should
be similar to policies addressing prescription medication
in the workplace. Think of an individual with diabetes, who
needs to take insulin shots several times a day. In order to
accommodate an employee who uses medicinal marijuana,
an employer may need to allow several “smoke” breaks a day.
The specifics of such breaks should be addressed in individ-ual
accommodation plans.
An employee who uses marijuana recreationally may
not necessarily be able to rely on statutory or common
law accommodation protections; however, accommoda-tion
will be required under human rights legislation if
the employee is able to prove an addiction to marijuana
amounting to a disability. If an addiction exists, it is a dis-ability
requiring accommodation to the point of undue
hardship. Accommodating an employee in such a situation
may become an issue if it begins to significantly interfere
with the employee’s duties or raises safety concerns.
Preparing for legalization
In order to prepare for the legalization of marijuana,
employers should consider working with a lawyer to review
their current drug, alcohol and accommodation policies.
Employers will need to be clear about the ramifications
for the use or possession of marijuana in the workplace.
Definitions such as “drug,” “impairment” and “under the
influence” will need to be adjusted to include marijuana use.
PILING CANADA 91
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