Cannabis and the Workplace AMCTO Zone 1 October 11, 2017 Presented by: Stéphane Thiffeault General Manager, Corporate Services County Clerk and Solicitor
Presentation Outline 1. Bill C-45 : Cannabis Act Status of the Bill Objective 2. Workplace Impacts Duty to report fit for work What to do to prepare for legalization? Random drug testing Impact on group benefits
1. Bill C-45 : Cannabis Act Federal law Bill Status: First Reading: April 13, 2017 Second Reading: June 8, 2017 Currently before the Standing Committee on Health Expected in Force: July 1, 2018 (Canada Day 2018!)
1. Bill C-45 : Cannabis Act (Con t) Purpose Legalization. In other words, provide legal access to cannabis, control and regulate its production, distribution and sale.
1. Bill C-45 : Cannabis Act (Cont'd) Salient Amendments Creates entirely new framework around cannabis Regulatory/Criminal: criminalise unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and unlawful production, possession, importation and exportation of cannabis Access (Licensing): enables Government to authorize the possession, production, distribution, sale and importation and exportation of cannabis Marketing: prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons (</=17) or encourage its consumption Quality: regulate matters regarding quality, testing, packaging and labelling of cannabis
1. Bill C-45 : Cannabis Act (Cont'd) If Bill C-45 becomes law: Adults could possess up to 30 grams of dried legal cannabis in public (subject to Ontario regulatory landscape) (5 grams for those 18 and under) Adults could grow up to four (4) plants per household at a maximum height of one (1) metre
Ontario Regulation Ontario Announced It s Plan to Regulate Cannabis in the Province: Access: Sale / Distribution through LCBO subsidiary only Marketing: Sale / Marketing to those <19 years of age prohibited (much like cigarettes) Possession/Consumption: prohibited for those < 19 years of age (provincial offence) Consumption: Prohibited everywhere (ie. public space, vehicle, workplaces) other than private residences (query apartment/rental with no smoking policies) Note: Ontario regulatory landscape is incomplete and subject to change
2. Workplace Implications Current Status of Cannabis Law as a reminder, despite the tabling of Bill C-45 and political/public discourse around legalization, cannabis remains illegal other than for medical purposes until such time as Bill C-45 becomes law.
2. Workplace Implications Studies suggest that legalization of cannabis results in increase in use. Cannabis is impairment-causing substance. As a result, employers will be tasked with balancing the following: employer's duties and obligations to maintain a healthy and safe workplace, and to take all reasonable steps for the health and safety of its workers accommodating disabilities, which includes therapeutic use of drugs and drug additions
2. Workplace Implications Duty to report fit for work employees are required to report fit for duty, and employers may insist that employees do so and that failure to do so could result in disciplinary action (subject to obligations to accommodate under human rights law) reporting to work while impaired, regardless of the reasons for impairment, is not reporting to work fit for duty
2. Workplace Implications A few tips for Employers Formulate and broadly communicate - clear written policies on duty to report fit to work state commitment to a safe and healthy workplace communicate overarching obligation to report to work fit for duty, despite legalization. In other words, prohibit reporting to work while impaired (or under the influence ) acknowledge organization s duty to accommodate as required by law (to the point of undue hardship). Set out process for employees to seek accommodation for disabilities, etc (duty to accommodate under human rights law is triggered on account of disability, etc.) in regards to disabilities requiring consumption of impairment causing substances (prescription drugs, etc ), seek positive disclosure of substance consumption (for accommodation purposes) without fear of reprisal
2. Workplace Implications Review drug and alcohol consumption policy limited to alcohol and/or illegal substances (review wording)? extend prohibition to cannabis? subject to accommodation
2. Workplace Implications Educate supervisory and management staff: on their general duties and responsibilities under the OHSA on your policies (accommodations, fitness for work, etc ) about cannabis, including its various forms and effects how to detect, address and respond to impairment in the workplace on duty to accommodate (disabilities), as required by human rights law
2. Workplace Implications Random Testing? Supreme Court of Canada case law requires employers to balance their legitimate interests with employee privacy interests. Therefore, only permissible in certain, limited circumstances such as post-incident testing. However, unlike for alcohol, there is no reliable way of testing current impairment for cannabis use. Note: research and development ongoing in technology to measure current impairment on account of drugs to assist law enforcement officials post Bill C-45, such as drug/cannabis breathalyser (Cannabix). Resources expected by end of 2017.
2. Workplace Implications Employee Group Benefits What does your policy cover? Cannabis for medical purposes under HCSA? Control costs under HCSA Denial of coverage for medical purposes: human rights violation? Consult with your benefits advisor and provider
Questions? Email: stephane.thiffeault@county-lambton.on.ca