September 26, Know Your Rights:
Medical Marijuana in the Workplace [Video] Date: October 18, With an increasing number of employees receiving prescriptions for medical marijuana to treat various ailments, employers and service providers are grappling with how to respond.
To assist employers and service providers, she provides some best practices on how to meet those obligations. Transcript Hi my name is Jacqui Luksha and today I will be speaking to you about medical marijuana.
Medical Marijuana is here to stay. Health Canada predicts that there will be thousand medical marijuana users in the next ten years. In light of this, it is no wonder that medical marijuana is a hot topic amongst employers and service providers.
Both must prepare for the reality of medical marijuana in their workplace or their place of business. And there is also no legal avenue for access to recreational marijuana.
Those who have been prescribed marijuana can access it in many forms. Dried, fresh and oil being a few of the different forms.
And different compositions and different forms of marijuana may have different effects and levels of impairment on each user. Accommodating the use of medical marijuana is complex and nuanced.
Each case must be determined on its own facts. Blanket rules cannot be simply applied and decisions cannot be made on the basis of assumptions. Accommodating the use of medical marijuana requires a balancing of interests.
Employers and service providers must consider two duties: The duty to accommodate to the point of undue hardship under the Ontario Human Rights Code. In doing that, they must keep in mind that the treatment for a disability cannot be divorced from the disability itself.
In other words, the treatment medical marijuana may itself need to be accommodated. The second is the duty to take every precaution reasonable to ensure a safe work environment under the Occupational Health and Safety act.
Examples from the case-law show us how this balance might be struck. As a first point, the individual who is seeking accommodation must prove that they have a disability that requires accommodation.
If an employer or service provider wishes to argue that they cannot accommodate that disability because of safety concerns, they will need concrete evidence to substantiate those concerns. An example is where an arbitrator considered a case in which the employee disclosed medical marijuana use.
After the disclosure, he continued to operate heavy equipment for two years without incident. When management eventually found out that he was using medical marijuana in operating that heavy equipment, they moved him to a role where he would not be operating heavy equipment anymore and they cited safety concerns.
The arbitrator found that this was problematic because there was no evidence of impairment and no evidence that safety concerns were substantiated.
Instead they had two years without incident. Another thing that you should keep in mind is that individuals do not have a right to smoke anywhere.Marijuana in the Workplace. With medical marijuana now legal in 29 states, employers are increasingly likely to encounter situations where current and prospective employees are using some form of cannabis for medical conditions.
Use for workplace injuries is less common, but also increasing. Medical Marijuana and the Workplace June 15, Ohio recently became the 25 th state to legalize Medical Marijuana. This brings to the forefront many issues in the workplace.
Employers are obligated to provide a safe environment. Workplace policies dealing with medical marijuana should largely reflect policies created to address any other use of prescription medication in the workplace.
However, it is important for employers to effectively and precisely communicate the employee's entitlements and obligations with regards to using, or being under the influence of.
Know Your Rights: Medical Marijuana In The Workplace. On July 1st, , recreational cannabis will be legalized in Canada. When medical cannabis is prescribed to a patient, it is considered in the same class as any other prescription drug.
Dec 02, · Most state statutes expressly carve out exemptions for employers that prohibit any use of marijuana in the workplace, or on the employers’ premises, as well as any on-the-job intoxication.
Commentary Medical Marijuana and Its Impact On the Workplace As a labor and employment law attorney, when it comes to medical marijuana, the question I am most asked is “what does medical.