There are a lot of unknowns about the impact of cannabis in the workplace and employers need to be mindful about striking a balance that works. While most cannabis users consume responsibly, 13% (an estimated 514,000) of Canadian workers reported using cannabis directly before work according to Statistics Canada, having immediate implications for health, safety and productivity.
One concern is that the potency of THC (Delta-9 tetrahydrocannabinol) the psychoactive chemical associated with the ‘high’ feelings produced by cannabis, has increased from an average 3% in the 1980s to an average of 15% to 20% today, producing increased levels of impairment and other potential health risks for users. Further, edible cannabis set to become legal this fall is easier conceal and has the potential to increase the intensity and duration of impairment. Unlike alcohol, there is currently no objective standard outlining how much cannabis can safely be consumed hours or days ahead of a scheduled shift, leaving employers scrambling to find solutions.
To further cloud the issue, there is no concrete research supporting a one size fits all approach to addressing cannabis use at work. Employers have to strike a balance between individual rights and needs with overarching health and safety requirements. For many workplaces, this entails enforcing a zero-tolerance approach towards recreational cannabis use at work (much in the same way as alcohol use is prohibited) while considering options for accommodating employees living with disabilities requiring medical cannabis or those disclosing substance dependence disorders, in a safe and stigma-free manner.
While a majority of employers have taken action to address cannabis use at work, many feel ill-equipped to respond. A 2018 survey by the Human Resource Professional Association (HRPA) revealed that only 11% of employers had a policy in place to address medical cannabis at work and not all policies address the potential for dual-use. According to Statistics Canada, nearly a quarter of medical users admitted to consuming recreational cannabis an average of two to three times per week.
Stigma and misunderstanding about cannabis use and substance dependence disorders create yet another layer of risk. Members of the workplace should be cautioned against biased or stereotypical assumptions about the character and abilities of cannabis users and recognize that fear of discrimination may prevent employees from disclosing cannabis use in the first place.
While the optics, legalities and practicalities of striking a balance that works can be challenging, one thing is clear: Employers must practice appropriate due diligence in protecting workplace stakeholders for harm.
So, what are some options for striking a balance?
- Consult with workplace stakeholders and professionals who understand the unique needs of your workplace.
As an employer, it is your responsibility to assess your workplace for all potential health and safety risks and take all precautions reasonable to protect workplace stakeholders from harm, including harm from the possession, sale, distribution and use of cannabis. It is advisable to consult with representative members of your workplace, unions, occupational health and safety professionals, legal representatives, government agencies and regulatory bodies who understand the unique needs of your workplace when developing an approach to addressing cannabis use.
Any member of the workplace regardless of their role can pose a legitimate risk to safety while impaired. However, workers in safety-sensitive roles such as those operating heavy machinery or working with vulnerable people, often face additional scrutiny and regulatory requirements when it comes to substance use for recreational and medical purposes. As an employer, you may be required to enact enhanced precautions according to legislation and/or bonafide occupational requirements for your industry or sector.
As you develop approaches to addressing cannabis use at work, consider the following:
- Specific health and safety requirements associated with different roles in your workplace.
- Regulations, legislation and trends in your industry or sector with respect to restricting monitoring or protecting against cannabis use at work.
- Potential sources and hazards from cannabis possession, sale, distribution and consumption, as well as strategies for mitigating any real or perceived risk.
- Processes for safely accommodating employees using cannabis for medical purposes or resources for treating employees living with substance dependence disorders.
- Create and communicate a clearly defined policy addressing recreational and medical cannabis use at work:
Your policy should be developed collaboratively, considering the needs of different workplace stakeholders and business settings, reflect relevant legislation and regulatory requirements and be applied in a fair, equitable and consistent manner.
In addition to defining its scope and limitations, your workplace policy should include:
- Restrictions about recreational cannabis possession, sale, distribution or use before, during and immediately after a scheduled shift. Policies should apply to social or recreational workplace events, such as holiday parties, business trips or company outings.
- Requirements for workplace stakeholders to disclose the use of any substance, including cannabis that could cause impairment.
- Practices for non-judgementally and safely accommodating employees who require medical cannabis due to a disability, as well as employees recovering from substance dependence disorders.
- Processes for communicating the policy and educating all workplace stakeholders, including employees, contractors, customers, leaders, human resources and other business professionals about their responsibilities under the policy.
- Procedures for progressive discipline in the event of non-compliance.
- Train supervisors and managers to recognize and respond to potential signs of impairment:
Workplace leaders have additional responsibilities under legislation, which include:
- Enforcing organizational, legal and regulatory requirements pertaining to workplace health and safety in a fair, consistent and equitable manner.
- Promoting a safe workplace, which includes identifying and mitigating foreseeable risks to health and safety.
- Identifying and documenting observable signs of potential impairment, including changes in personality, appearance, speech, attendance and performance.
- Advising and leveraging support from leaders, human resources, union representatives and other business professionals.
- Taking action if impairment is suspected, including when and how to remove an employee safely from work and how to communicate concerns about suspected impairment constructively and non-judgmentally.
- Informing employees about workplace accommodation and available resources for treatment and support, such as employee and family assistance programs and community-based resources.
There are still many concerns and unanswered questions about cannabis use and employers must continue to be mindful. With the collaboration, commitment and open-mindedness from workplace stakeholders it’s possible to strike a balance that works.
Sources:
Statistics Canada, National Cannabis Survey (May 2019): https://www150.statcan.gc.ca/n1/daily-quotidien/190502/dq190502a-eng.htm
Government of Canada, About Cannabis (October 2018), :https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/about.html
Centre for Occupational Health and Safety Cannabis Whitepaper (Oct 2018) https://www.ccohs.ca/products/publications/cannabis_whitepaper.pdf
Human Resource Professionals Association, Clearing the Haze, The Impacts of Marijuana in the Workplace (October 2018) https://www.hrpa.ca/Documents/Public/HRPA-Clearing-The-Haze.pdf
Benefits Canada, How has six months of legal cannabis changed the workplace? (April 2018) https://www.benefitscanada.com/news/how-has-six-months-of-legal-cannabis-changed-the-workplace-129067
Photo by Matthew Brodeur, Unsplash