Page 10 - GBC spring 2018 eng

“While an employee with a prescription for medical marijuana has the right to be accommodated, they do not have the right to attend at work impaired.”
DUTY TO ACCOMODATE
Employers are required to accom- modate staff who provide documentation stating that they must use medical marijuana, in the same way that they are required to accommodate any other required prescription or treatment. Equal treatment in employment without discrimination is required under provincial human rights legislation, which imposes a duty to accommodate these employees.
However, this duty does not require the employer to accom- modate to the point of undue hardship. In addition, provincial safety legislation requires that employers work with employees to maintain a safe environment. How do employers reconcile all of these obligations?
While an employee with a prescription for medical marijuana has the right to be accommodated, they do not have the right to attend at work impaired.
The employer should supply a detailed job speci cation to the employee’s doctor, with particular reference to the safety sensitive aspects of the employee’s position. The doctor must con rm that, at the dosage of marijuana prescribed, the employee is able to perform their duties safely, with no risk to themselves or others.
If the employee is able to perform some of their duties, and the employer is able to reassign some duties without undue cost and disruption, then there may be an obligation for them to do so. If the employee cannot be reasonably accommodated, the employer may need to allow the employee to take a protected leave while undergoing treatment.
These leaves do not need to be paid, beyond the requirements in some provinces to pay a few days of paid emergency leave, but the employee has the right to return to the same job they had before, once they are no longer required to use marijuana at a level that is incompatible with their job description.
An employee with an approved prescription may also need to be accommodated in terms of breaks and appropriate locations to consume marijuana, if smoking is required. A prescription to use medical marijuana does not negate local anti-smoking legislation.
DEVELOPING A POLICY
As with most Human Resource matters, having a clear policy, and applying it consistently, is key.
The policy should af rm the employer’s commitment to appropriate job accommodation, but should also state that employees must be “ t for duty” and in no way impaired on the job. The policy should be developed in consultation with health and safety representatives, and shared with all employees.
Everyone is responsible for safety in the workplace, and employers must always be cognizant of their duty to balance the broader duty to accommodate with the ongoing maintenance of a safe workplace.
THE LEGALIZATION
OF MARIJUANA FOR RECREATIONAL USE
Many Canadian business owners are much more concerned about the implications of the legalization of marijuana for recreational use.
How will this affect golf course owners and managers? What position should they take with respect to marijuana use at their facilities? For staff? For members and guests? There are many issues to consider.
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Golf Business Canada