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safety-sensitive position

By Occasional Contributors | 4 Minutes Read January 11, 2019

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.

Article by Occasional Contributors / Employee Relations, Health and Safety, Human Rights / accommodating a disability, accommodation of medical marijuana, employment law, medical cannabis, medical marijuana, medical marijuana in the workplace, safety-sensitive position

By Ava Z Moradi, JD | 3 Minutes Read August 9, 2018

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?

Article by Ava Z Moradi, JD / Employee Relations, Health and Safety, Human Rights / cannabis, drugs in the workplace, duty to accommodate, employment law, hiring and screening process, hiring and selection, human rights violation, marijuana, medical cannabis, medical marijuana, safety-sensitive position

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read February 3, 2017

Dealing with marijuana in the workplace

I am increasingly being asked to speak about this subject at HR conferences, as employers are concerned about the practical implications of medical marijuana and how employees using it should be treated. The issue of marijuana in the workplace has generated a lot of attention, but what have our courts, arbitrators and tribunals said about it? A review of decisions addressing dismissal for workplace usage or possession of marijuana shows an inconsistent treatment which is consistent with the early stages that we are in.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll, Union Relations / Brown v Bechtel Canada, disability–based discrimination, discrimination, drug and alcohol testing, employment law, French v Selkin Logging, marijuana, marijuana in the workplace, marijuana–related terminations, medical marijuana, Old v Ridge Country Contracting, safety-sensitive position, smoking marijuana at the workplace, termination

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