Medical Cannabis in the Workplace: A Proven Model for Balancing Safety and Employee Rights

As cannabis legalization continues to expand globally, many employers are faced with the challenge of managing its use within their workplaces. Here in Canada, where cannabis has been legalized since 2018, its use for medical purposes has been in place for many years, I’ve had the opportunity to work closely with organizations navigating this complex terrain. The goal is to ensure workplace safety while upholding the rights of employees. Through my consulting practice, I’ve developed and refined an approach that successfully addresses this workplace reality. It is that aspect of cannabis use that is addressed here.

Understanding the Landscape: Myths, Misperceptions, and Realities

Despite legalization, many misconceptions about cannabis remain prevalent. Some view cannabis as analogous to alcohol, with similar effects and minimal risks. However, the truth is far more nuanced. Cannabis, being lipophilic, is stored in the body’s fat tissues, leading to much longer-lasting effects that can impair cognitive functions long after the initial “high” has faded.

For employers, the challenge lies in balancing the safety of their workforce and workplace with the legal rights of employees, particularly those using cannabis for medical purposes. It’s essential to approach this issue without stigma or judgment and establish fair, consistent, and transparent policies.

Key Considerations for Employers

When addressing cannabis use in the workplace, employers must address several critical factors:

  • Health and Safety Focus: The well-being of all employees must be the top priority. Understanding the unique impacts of cannabis on cognitive functions, like reaction time, sequencing of events and handling unexpected events, is crucial, especially for those in safety-sensitive roles where one misstep could have serious consequences.
  • Human Rights and Privacy Balanced with Due Diligence: Employers must also navigate the legal landscape, which protects the rights of employees who use cannabis for medical reasons. This requires a careful balance between maintaining safety standards and respecting legal rights.
  • Clear Policies and Processes: Employers must have well-defined policies addressing substance use, including cannabis. There must be clear procedures for confirming medical authorization, understanding the specifics of an employee’s medical cannabis use, and ensuring that accommodations are made where necessary without compromising safety.

A Proven Canadian Approach to Medical Cannabis Use

In my work, I’ve developed a proven approach to managing cannabis in the workplace, which can serve as a model for other employers. This approach includes several key steps:

  1. Confirmation of Medical Authorization: After being informed of an employee’s medical cannabis use, the first step is to confirm the legitimacy of the authorization. This involves direct communication with the employee, securing their consent, and working with an external subject matter expert (SME) medical specialist to review the medical documentation.
  2. Comprehensive Review Process: The SME reviews all relevant documentation, including the employee’s medical records and specifics of their cannabis use. This ensures the use is genuinely for medical purposes and assesses whether it is compatible with the employee’s job responsibilities.
  3. Transparent and Consistent Communication: Open and consistent communication with the employee throughout this process is essential. This builds and maintains trust and ensures that any required accommodations are fair and transparent.
  4. Ongoing Education and Policy Revision: Employers must commit to ongoing education for both management and employees. Policies should be regularly reviewed and updated to reflect the latest legal and medical developments regarding cannabis use.

Embracing a Balanced Approach

The Canadian experience with cannabis legalization, including medical cannabis use, offers valuable insights for employers worldwide. Cannabis use in the workplace can be managed effectively by adopting a balanced approach that prioritizes health and safety while respecting employee rights. My work has demonstrated that with the right strategies in place, organizations can foster a workplace environment that is both safe and inclusive. Contact me to discuss implementing this approach in your workplace.