Now is a good time for employers and employees to make sure they understand company policy in regard to cannabis (marijuana) consumption, local lawyer Isabelle Cadotte says.
That's because Oct. 17, the date when recreational consumption of cannabis will become legal, is coming up fast.
"You know, people I think are feeling like this is going to be a free-for-all starting October 17. Everyone's going to be smoking in the streets and going crazy, but really, cannabis has been legal for medical purposes since 1999," Cadotte told the Albertan.
"So employers already have some experience in terms of dealing with people who have a medical need that's related to cannabis use and in terms of their policies, I mean, if they don't have a written policy that's in place, they should really get one.
"And it doesn't have to apply just to cannabis. It should apply to all types of substances, whether they're prescription or non-prescription drugs."
It's a tricky thing. Cadotte warns employers can't just come out with any policy they want and be confident it's legal.
"An employer's got to make sure that they're not discriminating against people based on their medical condition. They've got to make sure they're accommodating people who have a medical issue," she says.
Such a condition she says, has to be something that's been diagnosed by a medical doctor. A drug addiction is another concern.
"That's where it's kind of a fine line -- where there's not a medical need for someone to be using cannabis or another drug, but they do have a problem with it," Cadotte says.
"If the employer knows about the problem, then that's where their duty to accommodate kind of kicks in. They have to do a number of things in order to accommodate the person in a situation like that."
On the other hand, Cadotte says the fact that recreational cannabis consumption will soon be legal does not give employees the right to show up to work stoned.
"You still have to be able to perform your job the way that you're supposed to. And if you don't, then the employer may have recourse to discipline you," she says.
"They should have a policy in place to state what type of discipline applies in what circumstance and of course, in addition to that duty to accommodate, the employer has a duty to ensure that all of the workers are in a safe place.
"So if someone's impairment is impacting safety on the job, first and foremost, the employer has got to make sure that's taken care of."
So Cadotte says employers could have a zero tolerance policy at work for drug use, but it may have to include a caveat or two.
"It's just in the event that the person has a medical condition, that you might have to take a look at how that's going to play out with that particular employee."
Cadotte says to ensure their drug policy will hold up legally, employers should consult a lawyer; or at least visit appropriate pages on the Alberta government's website or the Human Rights Commission website.
"Go to official resources; don't go to just some random person online," she said. "And of course, talk to a lawyer about that."
Cadotte says if employers already have a drug policy in place, they should make sure it will be sufficient after recreational marijuana consumption becomes legal.
"See if that's going to apply or if you need to provide more clarification on that," she says.
