Once cannabis is legal, it will likely be treated much like alcohol in the workplace – but as Canada is one of the first countries to legalize it, employers don’t have many precedents to work off.
The Workers’ Safety and Compensation Commission is responsible for developing amendments for the Occupational Health and Safety Regulations (OHS) and the Mine Health and Safety Regulations in the NWT.
“The amendments will ensure workers are fit to work,” stated Maggie Collins, the WSCC’s communications manager, in an email exchange.
“The amendments will also require a worker to inform the employer of impairment and for employers to consult with their OHS Committee, OHS Representative, or workers; develop and implement a written policy regarding impairment; and ensure staff have read and understand the policy.”
What exactly constitutes impairment in terms of cannabis is still a shaky science, but workplaces have had to accommodate legal medical marijuana since 2001.
In a study released last year titled Clearing the Haze: The Impacts of Marijuana in the Workplace, authors with the national Human Resources Professionals Association outlined some of the challenges in the workplace legal cannabis poses.
Specifically, in the report’s conclusion, it states that “ … current drug testing cannot sufficiently determine the extent of cannabis impairment. Until a reliable form of impairment testing is available, employers will have to continuously revisit their drug testing policies.”
Further, the most common test issued for cannabis – which employers may still test for, as they have rights to test for impairment – looks for a THC metabolite that can be present in a person’s system for weeks after use. THC is the active ingredient in cannabis.
“Before medical or recreational marijuana were legal, a urine test showing the presence of THC would have been sufficient to trigger disciplinary procedures,” states the report. “This is no longer the case.”
“In order to prove the employee was in violation of the workplace drug policy, the employer will have to prove the employee was impaired.”
The American College of Occupational and Environmental Medicine says the testing for this metabolite is as accurate in indicating impairment as looking for ethanol metabolite in a drinker, which can appear up to 80 hours after drinking alcohol.
It’s a new field to look at, but Collins says the WSCC will be conducting consultations and will have its amendments developed before weed is legalized this summer.
A firm date for legalization is not yet set, but the senate will hold its final vote on the federal legislation on June 7.
