This is probably not the first article you will read today on cannabis. Cannabis is now legal in Canada, but strictly regulated. Due to the intersection between human rights, privacy, and occupational health and safety laws, employers often have a challenging task in ensuring their employees are free from impairment.
Here are our top tips for employers:
- Have an up-to-date and legally vetted drug and alcohol policy.
- Impairment is impairment—whether from legal or illegal substances, employees are not allowed to work impaired.
- A positive drug test on its own is not the best way to determine workplace impairment due to cannabis. Train supervisors, managers, and human resources personnel on how to identify employees impaired by cannabis at the workplace.
- Have a clear protocol for accidents or near misses that may involve impairment. Some, but not all, incidents should lead to a drug test.
Our group has experience in drafting drug and alcohol policies for workplaces ranging from non-safety sensitive offices to highly safety sensitive workplaces like remote resource sites.
Please let us know if we can assist you in keeping your workplaces safe and free from impairment by contacting a member of our Labour, Employment and Human Rights Group.
Rob Sider, QC, is the head of the Labour, Employment and Human Rights Group at Lawson Lundell. His practice focuses on management-side labour and employment law. He advises on labour and employment aspects of commercial ...
Katy Allen is a partner in the Labour, Employment and Human Rights Group in Vancouver. Katy approaches legal issues with common sense and a focus on each client’s unique business. She advises and represents clients regarding a ...
Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.
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