This is probably not the first article you will read today on cannabis. Cannabis is now legal in Canada, but strictly regulated. Due to the intersection between human rights, privacy, and occupational health and safety laws, employers often have a challenging task in ensuring their employees are free from impairment.

Here are our top tips for employers:

  1. Have an up-to-date and legally vetted drug and alcohol policy.
  2. Impairment is impairment—whether from legal or illegal substances, employees are not allowed to work impaired.
  3. A positive drug test on its own is not the best way determine workplace impairment due to cannabis. Train supervisors, managers, and human resources personnel on how to identify employees impaired by cannabis at the workplace.
  4. Have a clear protocol for accidents or near misses that may involve impairment. Some, but not all, incidents should lead to a drug test.

Our group has experience in drafting drug and alcohol policies for workplaces ranging from non-safety sensitive offices to highly safety sensitive workplaces like remote resource sites.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.