Embedded Files
Page 21
implications associated with the use of cannabis for both therapeutic and recreational purposes. The key steps to reducing the impact of impairment on the workplace are to have appropriate policy and response mechanisms in place, to provide clear guidance to all workplace parties, and to apply workplace policies and programs using a fair and consistent approach. This White Paper presents information and recommendations for employers, employees, and others interested in workplace health and safety including how to: • address the potential for impairment as part of a hazard assessment, • establish a concise policy and program on the use of any substance that can cause impairment, • determine the actions the workplace will take regarding impairment, • implement accommodation practices where necessary (including for therapeutic needs, substance dependence or disability due to substance dependence), and • create a supportive healthy and safe workplace. In Canada, workplace drug testing is generally considered to be discriminatory on the basis of disability and perceived disability under human rights legislation. Substance testing should only be considered for safety sensitive positions and on a case-by-case basis. Employers must provide training to supervisors and employees on the impact of impairment, and how to recognize and respond to possible signs of impairment. Notes: 1. CCOHS does not endorse the use of, nor make a moral statement, about the use of cannabis. 2. This document does not refer to any jurisdiction specific occupational health and safety legislation or to any human rights legislation. Where recommendations are made, they are intended as good or promising practices. For legal interpretation, contact the relevant jurisdiction or body. 3. This document does not directly address any methods used for determining impairment (e.g., testing methods). 4. In the case of a unionized environment, always reference collective agreements and seek advice from union representatives. 5. This document does not address any possible health and safety concerns for those who manufacture or sell cannabis. 2 Canadian Centre for Occupational Health and Safety Definitions Disability – While there is not one single definition used across jurisdictions or industries, disability can be defined as: Any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug. (Canadian Human Rights Act, 1985) Discrimination – An action or a decision that treats a person or a group negatively for reasons such as their race, age or disability. (Canadian Human Rights Commission (CHRC), (2013)) Impairment – While not formally defined by the Canadian Human Rights Commission in “Impaired at Work: A Guide to Accommodating Substance Dependence” (CHRC, 2017), the appearance of impairment at work is described as: “(e.g. odor [sic] of alcohol or drugs, glassy or red eyes, unsteady gait, slurring, poor coordination).” Safety sensitive positions – While there is not one single definition used across jurisdictions or industries, the Canadian Human Rights Commission (2017) defines a safety-sensitive position as one which “if not performed in a safe manner, can cause direct and significant damage to property, and/or injury to the employee, others around them, the public and/or the immediate environment”. 3 Canadian Centre for Occupational Health and Safety INTRODUCTION Cannabis, also referred to as marijuana/marihuana, weed, pot, grass, and many other terms, is a tobacco-like greenish or brownish material consisting of the dried flowering, fruiting tops, and leaves of plants from the Cannabis family. The use of cannabis as a therapeutic treatment has been legal in Canada as of 2001. The sale, possession, and use of recreational cannabis is legal in Canada as of October 17, 2018. This White Paper presents information and recommendations on the impact of legalization for employers, employees, and others interested in workplace health and safety. Employers have the duty to assess each situation and determine the effect on the workplace, and the possibility of fulfilling the duty to
Report abuse