A year after legalization employers are still faced with the challenges of balancing productivity, privacy and safety of workers in the work place.
According to a article sponsored by Sherrard Kuzz LLP, as courts and arbitrators interpret the law, several things have become clear:
- Cannabis is the same as any other impairing drug in the workplace. The main question is if the worker if fit for duty.
- There is no duty to accommodate recreational use. An employer can enforce a zero tolerance policy.
- There is a duty to accommodate substance use disorders and medical use. However, this should not use causes undo hardship on the employer.
The duty to accommodate MUST be balanced against the duty to protect workers. If there are legitimate health and safety concerns, the employer can impose restrictions on cannabis use, including medicinal use.
Employers should maintain a written Drug and Alcohol policy, which may include steps for testing.
As a Employer, it is critical to ensure your employees understand their work conditions. It is also critical to ensure you enforce workplace rules consistently. Written policies, training and compliance all play a role in keeping the work place safe!
If you need help getting your policies in order, call me!