Employers Responsibilities Related to Medicinal Cannabis
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On October 17th, 2018, recreational cannabis became legal across Canada. However, medicinal cannabis has been approved for use in Canada since 2001. It is important to differentiate between recreational and medicinal cannabis use:
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Do Employers Have to Accommodate Workers Who Use Medicinal Cannabis?
Do Employers Have to Accommodate Workers Who Use Medicinal Cannabis?
Yes, they do, up to the point of undue hardship. Just like an employer must accommodate an employee with a physical or mental illness, workers who use insulin, employees on pain management programs, etc., employers must also accommodate workers who use medicinal cannabis.
Accommodating Cannabis Safely
Accommodating workers who use medicinal cannabis doesn’t mean that you have to allow workers to be impaired at work. In fact, you may wish to put a policy in place that inhibits impairment if you do not already have one in place. The policy should state that employees are expected to be fit for work, meaning they are prohibited from arriving to work impaired or becoming impaired at work. Additionally, legislation such as Smoke-Free Ontario, the Criminal Code, and the Occupational Health and Safety Act (The Act) are applicable to medicinal cannabis users. The Act contains many regulations that prohibit impairment. Medical cannabis that is effective but contains little or no THC (the compound that creates the “high”), is widely available in a variety of forms, such as edibles, oils, and creams. Workers who use medicinal cannabis do not need to be high to get the medicinal effect of the cannabis and experience symptom relief.
Accommodating workers who use medicinal cannabis doesn’t mean that you have to allow workers to be impaired at work. In fact, you may wish to put a policy in place that inhibits impairment if you do not already have one in place. The policy should state that employees are expected to be fit for work, meaning they are prohibited from arriving to work impaired or becoming impaired at work. Additionally, legislation such as Smoke-Free Ontario, the Criminal Code, and the Occupational Health and Safety Act (The Act) are applicable to medicinal cannabis users. The Act contains many regulations that prohibit impairment. Medical cannabis that is effective but contains little or no THC (the compound that creates the “high”), is widely available in a variety of forms, such as edibles, oils, and creams. Workers who use medicinal cannabis do not need to be high to get the medicinal effect of the cannabis and experience symptom relief.
Making Accommodations for Workers Who Use Cannabis
It is possible, reasonable, and expected that employers will make accommodations for medicinal cannabis users. Employees and employers are expected to engage in an open dialogue about the worker’s need to consume cannabis for medical purposes and then work together to determine appropriate accommodations. Some ideas include:
It is possible, reasonable, and expected that employers will make accommodations for medicinal cannabis users. Employees and employers are expected to engage in an open dialogue about the worker’s need to consume cannabis for medical purposes and then work together to determine appropriate accommodations. Some ideas include:
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Time to Take Medication
Allow workers who use medicinal cannabis time to take medication if necessary. A private space to use cannabis and a secure location to store medicinal cannabis is also ideal. |
Access to Support and Information
To show your support for a worker who uses medicinal cannabis, be prepared to help employees access more information or support if necessary. If your organization’s benefits package includes an Employee Assistance Plan (EAP), share that resource with employees in need of support. |
An Open-Door Policy and Stigma-Free Workplace
Employers must be prepared to discuss cannabis use, addiction, and where to get help with workers. More importantly, they must ensure that when a worker comes to them, that they are met with an unbiased non-judgmental ear. Having an open-door policy is one way to reduce the stigma surrounding medicinal cannabis use. |
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Employers Must be Educated
To show your support, make an effort to learn more about the worker’s condition and how medicinal cannabis use alleviates their symptoms and improves their daily quality of life. But research your rights as an employer as well. Employers must be educated on their rights – just because an employee has a prescription for cannabis doesn’t mean they can come to work intoxicated or unfit for duty. Employers must also strive to understand workplace accommodations. |
Training is a Must
Training at all levels that aims to educate workers and employers is vital. All workers require training. Employers, managers, and supervisors need more specific training that covers:
Download our FREE Reporting Suspected Impairment Tool |
Trust MidSouthWest Training and Consulting
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MidSouthWest Training and Consulting provides a variety of cannabis-related online safety training programs.
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If you aren’t sure which course is right for you, contact us. You can trust MidSouthWest Training and Consulting to provide you with cost-effective training solutions tailored to meet your organization’s unique health and safety needs.
To learn more, contact us online or call 289.309.1143. Visit us 24/7 on the web at midsouthwest.ca.
To learn more, contact us online or call 289.309.1143. Visit us 24/7 on the web at midsouthwest.ca.
Last updated March 19, 2021
