Panel discusses cannabis rules and the workplace
Members of the Charlottetown business community got a better sense recently of how their workplaces will be impacted once new cannabis legislation comes into effect. “What I learned was that good policy is going to help employers get ahead of this,” said Penny Walsh Mcguire, executive director of the Greater Charlottetown Area Chamber of Commerce, at the organization’s business luncheon on the topic.
“Communicating policies and informing employees and supervisors and managers as to what the policies of the workplace are is a key first step, and having that documented for employees to be informed of.”
The luncheon included a panel discussion with Detry Carragher, a management consultant and human resources professional with Carvo Group; Bobbi Jo Flynn, a justice policy analyst with the province’s Department of Justice and Public Safety; and lawyer Karen Campbell of Cox and Palmer.
Topics included the difference between medicinal/prescription cannabis and recreational cannabis, balancing an employee's right to privacy and medical marijuana with a safe work environment, the role of the employer to accommodate an employee with a medical marijuana prescription and policies around smoke and scent-free workplaces.
Campbell said recreational use of marijuana at work is in the same class as drinking alcohol at work — an employer doesn’t have to tolerate it.
With medical marijuana prescriptions, she said, whether an employer is required to accommodate an employee “depends.” She explained accommodation has an underlying question of whether an employee has a disability as defined in human rights legislation.
“Just because somebody gives you a doctor's note does not mean you have to accommodate,” she said.
Campbell added that if a disability is present, another question follows — especially if the person is unable to perform the job they’ve been hired to do.
“If there is a disability, and this is what the doctor is saying the limitations are or this is what the individual is saying that they need, is that reasonable for my workplace? I only have to accommodate somebody to the point of undue hardship,” she said.
Campbell also pointed out that accommodation is the shared responsibility of both sides.
Carragher encouraged employers to be proactive with developing workplace policies around cannabis use and accommodating employees.
Job descriptions could be reviewed to make sure the skills and characteristics essential to the job are identified, as well as workplace drug and alcohol policies.
Carragher also advised employers to “exercise restraint,” gather facts and don't jump to conclusions when dealing with an employee suspected of drug use.
Kevin Mouflier, CEO of the Tourism Industry Association of P.E.I., attended the luncheon and panel discussion.
He said businesses need to review their policies in detail to make sure they are prepared once cannabis legislation arrives.
“It’s a big process, but I think as the information rolls out, we need to do our due diligence,” said Mouflier.
He said smoking policies at hotels and other accommodations are areas of concern for the tourism association’s members.
“Really, the education is key right now,” he said. “Getting informed of how to react to these things.”