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employer is still entitled to look at a myr-iad
of factors, such as time of use, duration
of use, quantum of use, nature of duties
and the nature of the workplace, to name
just a few. Employers must also consider
the safety of all employees to determine if
continued attendance at work is even pos-sible
in the circumstances.
Human resources departments have
generally used legalization to reinforce
and retrain employees on existing policies
prohibiting possession and impairment
relating to drugs and alcohol in the work-place
(and filling gaps as necessary). More
importantly, it has allowed employers to
emphasize to their employees their legal
obligations to disclose use (medical or
addictive) and limit accommodation (if
applicable) only to those demonstrating a
medical need or addictive concern (which
allows them the time to enter a program to
end any future use of the drug).
Concern over widespread drug test-ing
in Canada has been alleviated, at
least until there is greater knowledge and
support (and ease of use) for cannabis
testing methods and greater knowledge
and acceptance of the use levels necessary
for demonstrating impairment. In part,
there is also a greater confidence that any
employer which has had to address alcohol
use (recreational or addictive) in the work-place
is equally well equipped to deal with
the new drug on the block.
Overall, employers have overcome the
anxiety of the unknown that accompa-nies
such a dramatic legal change. HR
professionals can rely upon their existing
tools and policies addressing impairment,
accommodation and prohibition to adapt
to the new reality. These policies improved
and more direct, provide an additional
opportunity for employers to set down
firm expectations of disclosure of use and
performance in the workplace. n
Michael Horvat is a partner in the
Workplace Law Group at Aird & Berlis.
Conversations around cannabis
legalization provided a great
opportunity for HR to educate
employees of their legal
responsibilities
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