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medical cannabis

Legalization and the workplace: Your questions answered!

On October 17, the federal government legalized recreational marijuana use. At the same time, Ontario’s provincial government enacted the Cannabis Act and amended related legislation. Employers are rightly concerned about the possible impacts on the workplace.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the the new WSIB mandatory poster, 2019-2020 OHS workplace inspection schedule and the WSIB’s new medical cannabis policy.

 

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Arbitrator states worker’s use of medical cannabis results in “unacceptable increased safety risk”- grievance dismissed

Increased safety risk arising from cannabis impairment in the workplace can amount to undue hardship. This will likely continue to be the case until there are reliable technologies that can accurately and effectively measure impairment from cannabis.

 

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Q&A: Is an employer responsible if employee drives home while high after using prescribed marijuana?

What duty does the employer have with regard to an employee using medical marijuana during the workday and then driving home after work? What if an accident occurs?

 

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Q&A: Medical marijuana inquiry during hiring or screening process

Can we ask during the hiring and screening process if a potential employee is using medical marijuana for a position that requires driving or that is a safety sensitive position?

 

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Accommodation of medical marijuana

The right to accommodation, and the widespread acceptance of medical marijuana, does not mean that employees have a right to use marijuana at work. Safety considerations will be taken into account and although zero tolerance policies will not be automatically enforced, they will be enforced when appropriate.

 

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Medical marijuana acceptable medical expense

Canada legalizes marijuana

The Canadian Medical Cannabis Industry Association (CMCIA) announced that the Canada Revenue Agency, in a letter dated August 24, 2015, officially confirmed that medical cannabis purchased by an individual from a licensed producer under Health Canada’s Marihuana for Medical Purposes Regulations (MMPR) would be an allowable medical expense under the Income Tax Act.

 

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