Medical Marijuana- A Workplace Safety Hazard?

The use of prescribed medical marijuana by employees creates questions for Canadian employers. How do you deal with an employee in a safety-sensitive role who has a medical marijuana licence? Are employees with medical marijuana licences exempt from drug testing? If an employee with a licence says they need to use their marijuana at the workplace, how is this addressed?

What Employers need to know:

• Employees with a license should be treated like any other employee with prescription medication that could affect their ability to carry out their duties of employment.

• The regular principles around duty to accommodate apply.

• Accommodation does not mean allowing an employee to carry out his or her duties while impaired. Under Ontario’s Occupational Health and Safety Act (OHSA), an employer has an obligation to take every precaution reasonable in the circumstances to protect the health and safety of workers. This includes identifying hazards which may result from an employee working while under the influence of medical marijuana.

• An employer must carry out its health and safety due diligence at the same time it accommodates an employee requiring the use of medical marijuana in the workplace. In the case of a safety-sensitive position, this may mean considering whether the employee can be reassigned to a non-safety-sensitive position.
• Employers can set limits if the employee says they need to smoke on the job, such as where and when they can smoke.

Proactive steps for employers

Employers can get ahead of the changes occurring by re-examining their workplace drug and alcohol policies. Employers should pay special attention to the wording around prescription and non-prescription medication. The companies drug and alcohol policy should:

• Require an employee to disclose information about any prescription drug that may impair his or her ability to perform work safely.

• Prohibit an employee in a safety-sensitive position from working while impaired.

• Set out a process for obtaining additional medical information to facilitate accommodation.

• Ensure the employee (and union if applicable) participates in the accommodation process.

• Identify restrictions on the use of medical marijuana in the workplace (e.g., where and when).

• Identify consequences in the event of a breach of the policy i.e., discipline.

• Employers should advise employees and candidates that such medical opinions will be required prior to the worker’s taking on safety sensitive work.

What to Expect From Your Medical Department:

• Employers should seek out guidance from knowledgeable and experienced physicians to determine how to treat cases involving medical marijuana use, to develop general guidelines around what constitutes safe use versus impairment.

• As it is difficult to measure individual sensitivities to the drug, a physician knowledgeable about occupational health, who also understands the potential impact of medical marijuana on workplace safety should evaluate the employee to determine if he or she can perform their job safely while taking the drug. The worker’s doctor should also sign off on this evaluation.

• An Occupational Health physician may act as a liaison between your organization and the employees family doctor to understand the condition marijuana has been prescribed for, the dosage, side effects, etc.

• Provide expert advice and support in developing a comprehensive and effective drug and alcohol policy and when dealing with complex cases.

• Help set out a process for obtaining additional medical information to facilitate accommodation

While making sure organizations understand and effectively implement new legislative and policy changes can sometimes be challenging, with the right support and guidance, the process can be made easier for all parties involved. Dr. Karpilow urges employers to have an open dialogue with their employees regarding any policy changes so everyone is informed and in compliance. To learn more about Workplace Medical Corp.’s Company Doctor program, please click here