Canadian employers need tailored policies to deal with pot use

Using cannabis for recreational purposes may be legal in Canada, but the legislation is also having a major impact on workplaces across the country.

Human resources professionals at organizations of all sizes must quickly put policies in place to govern recreational marijuana use in the workplace, if they haven’t already done so. While large companies with HR departments and legal teams had the firepower to get their recreational cannabis policies up and running when the legislation took effect on Oct. 17, many small- and medium-sized businesses are still trying to catch up with the changes.

Different employers within the same sector can learn from each other, but may not necessarily be able to take a cookiecutter approach. Consider the way different police services are dealing with recreational marijuana use by their officers. You might think they would be able to use the same approach, since they are essentially in the same profession, but that is not the case. The Toronto Police Service will prohibit officers from using recreational marijuana within 28 days of reporting for duty, while several other services say their officers can use pot recreationally as long as they are “fit for duty” when they are on a shift.

Regardless of the type of work or sector, each organization needs to craft an individualized policy tailored to its workforce and the specific requirements dictated by its line of work. Coming up with an effective policy is not as easy as taking an existing substance-use policy outlining rules for using tobacco, alcohol and drugs in the workplace and weaving the words “recreational marijuana” into the language. Specific policies are required to give employees direction on how recreational pot use can impact their work lives. Recreational use of marijuana and medical use of marijuana (which has been legal in Canada for years) must also be treated differently by employers.

Employers are free to determine their own impairment and fitness for duty policies, and they may vary depending on an employee’s role. For example, a charter flight company may choose to have a zerotolerance policy on recreational cannabis use for pilots during work hours out of concern for public safety, while there may be a more relaxed standard for an employee whose actions don’t have any impact on public safety, such as a cleaner who doesn’t work aboard planes.

Because Canada’s recreational pot laws are so new, there is very little legislation that has been tested in court to help guide employers putting policies in place. Smalland medium-sized businesses can benefit from human capital management (HCM) software that comes with substance-use policy templates embedded within the software. These templates provide a good starting point and can be easily customized.

Once organizations set their policies, it’s critical that they take necessary steps to inform employees of the new rules and expectations they must follow, including the differences between requirements for recreational and medical use.

Part of that duty to inform includes effective monitoring and tracking to ensure employees have signed off to indicate that they have read the new rules and understand them. HCM solutions allow HR staff to document and track employees who’ve signed off and follow up with those who haven’t to ensure they’re in compliance. This type of solution can also help employers categorize different job classifications and track whether employees in these roles must adhere to a zero-tolerance policy on marijuana use or if they can follow less stringent rules.

Effective and comprehensive monitoring through an HCM system puts employers in a solid position should they have to enforce any disciplinary or legal action against employees who may be found to contravene recreational cannabis-use policies at work.

While only time will tell if legalization leads to more recreational use of cannabis in Canada, employers can’t risk waiting any longer to get good policies in place to ensure workplaces stay safe and healthy.