Workplace safety key in cannabis case
Few headlines have garnered more attention in the Canadian media this year than the legalization of cannabis.
While the announcement has been well received by some, many employers remain concerned about workplace safety.
Adding to the concern for employers is the human rights duty to accommodate an employee who has been prescribed medical marijuana to deal with a physical or mental health condition. A recent labour arbitration decision out of Atlantic Canada may, however, help to clarify the law around accommodating employees who use medical marijuana.
In Lower Churchill Transmission Construction Employers’ Association Inc. and IBEW Local 1620 (Tizzard grievance), arbitrator John Roil considered whether an employer’s inability to accurately measure the impairing effects of cannabis in the context of a safety-sensitive position amounted to undue hardship under human rights law.
Harold Tizzard applied for a labourer position with Valard Construction LP. The company was seeking personnel for its contracting
A man holds a handful of dried marijuana flowers on the day recreational cannabis became legal, in Vancouver, on Oct. 17.