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.
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?
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.