Sierra Matis
The effect of the legalization ofmarijuana in the Canadian Workplace
By: Sierra Matis
Submitted to: Catherine Taylor
Date Submitted: August, 31, 2017
In April of 2017, the Canadian Liberal government announced theCannabis Act,fulfilling their campaign promise to legalize marijuana for recreational use.[1]With Canada having one of the highest rates of underage marijuana use in the world, the Liberal’s see legalization as an effective means for keeping it out of the hands of minors.[2] While the Cannabis Act is aimed at decreasing levels of youth substance abuse, the decision to legalize marijuana raises many concerns among Canadian employers. This issue is important to address as relaxed legislation on illicit drug use holds implications for workplace standards and policies as employers.[3] Initial concerns raised by employers is the lack of technology and tests for determining impairment.[4]In order to address these issues, businesses and organizations across Canada have asked for assistance from the federal government.[5]
This essay will demonstrate the impact of the legalization of marijuana in the workplace through changes to workplace health, safety and drug testing policies, hiring practices, relationships between the federal and Canadian employers, as well as the known side effects of marijuana. It will also look at the outcomes of relaxed laws on illicit drug use in the state of Colorado to better understand what the Cannabis Act could mean for the Canadian workplace.
In order to prepare for the implementation of the Cannabis Act, businesses organizations across Canada will need to undergo a re-evaluation of workplace health, safety and drug testing policies.[6]In terms of health and safety policies, employers are struggling with how to maintain their legal obligations under the Workers Compensation Act, while also dealing with this new law legalizing marijuana.[7]For safety sensitive industries, the impacts of this law are amplified as impairment caused by marijuana use has fatal consequences, especially when operating heavy machinery.[8] Thus, the difficulty lies in developing a strategy capable of maintaining a safe and healthy workplace while simultaneously respecting the new rights of workers. Evidence of this can be seen through the challenges employers face in using drug tests as a means for maintaining safety in the face of relaxed drug laws.
Random drug testing is only permitted in special circumstances and in cases where worker duties are deemed to be of high risk.[9] Yet, expected efforts to bolster drug testing policies with the legalization of marijuana requires careful consideration as demonstrated through the case of Colorado.[10] For instance, it was found that the use of marijuana went up subsequent to the activation of relaxed laws on this formerly illicit substance.[11]With more people using marijuana subsequent to the legalization of it, the number of drug tests coming back positive during job screening processes have also increased.[12] Thus, a zero tolerance policy is problematic as the job candidate pool is reduced, preventing companies from hiring employees whose qualifications could be of great benefit to increasing organizational competitiveness.
In Canada, we could see similar trends, specifically in terms of an upward rise in the recreational use of marijuana once it becomes fully legal in July of 2018.[13] If this were to happen, employers would need to determine ways to adopt health, safety and drug testing policies in a way that does not inhibit them from hiring qualified applicants, while simultaneously ensuring that those being hired will not pose a risk to the health and safety of their colleagues.
The legalization of marijuana in the workplace can also be seen through its impact on relationships between employers and the federal government. Throughout the process of developing this piece of legislation, the federal government deployed a Task Force with the purpose of consulting affected stakeholders.[14] The purpose of deploying a Task Force was to provide a forum for affected parties to voice their concerns and to shape theproposed act.[15]
Throughout consultations, employers involved in safety sensitive industries such as healthcare, law enforcement and resource extraction are especially concerned by the lack of proper science for detecting impairment on the job.[16]As such, employers have called for greater support from the government. These demands include increased funding and greater efforts towards developingtechnology capable of detecting marijuana related impairment.[17] However, the government has been lackluster in their response, stating that little resources and capacity from a higher level will be provided.[18] With minimal help from the government in navigating the challenges associated with the legalization of marijuana, it is likely that the workplace will experience greater disruptions as they try to adapt to relaxed drug laws.
The impact of the legalization of marijuana in the workplace can also be seen through its side effects. While some tests have indicated therapeutic benefits to marijuana, it is still proven to have a variety of adverse health effects. Some of these effects include problems with healthy brain development in youth, progression to use of other more serious drugs, depression or anxiety, schizophrenia and addiction.[19]The most worrisome of effects among safety sensitive industries can be seen through the number of road traffic injuries it has caused where studies byImtiaz and Colleagueshowed that marijuana use caused 287 deaths and 66346 disability-adjusted life years (DALYs) in 2012.[20]In less hazardous work environments, such as desk oriented jobs, proven side effects could mean a decrease in productivity, performance and heightened absenteeism.[21]
Ultimately, the Liberal’s argument behind the legalization of marijuana is that regulations will reduce black market sales,therefore inhibiting youth access to the drug. While usage rates amongst minors may decrease, the effects of relaxed laws on marijuana hold worrisome implications for Canadian employers. Evidence of this can be seen through the challenges they are already experiencingin adapting health, safety and drug testing policies in a way that supports the individual’s right to use marijuana while also fulfilling legal obligations to maintain a safe and healthy work environment. The case of Colorado provides an effective means for better predicting the impact the legalization of marijuana will have upon the workplace, as well as demonstrating the challenges employers will face in redeveloping health and safety standards. Furthermore, the inexistence of adequate tests for detecting impairment combined with the side effects marijuana has on the operation of motor vehicles has generated considerable concern among safety sensitive industries. Such concerns have been amplified due to the lack of resources and support from the government to assist employer efforts to prepare for the legalization of marijuana.
Bibliography
Weir, Robert, and Adam Pennell. "How Canada's marijuana legislation will affect employers."The Globe and Mail, April 17, 2017.
Beeby, Dean . "Employers want Ottawa's help to deal with marijuana-smoking workers."CBC news, March 15, 2017.
Correia, Cory. "Why marijuana legalization could mean more workplace scrutiny for employees."CBC news, March 19, 2017.
Hajizadeh, Mohammad. “Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.”International Journal of Health Policy and Management5.8 (2016): 453–456.PMC. Web. 9 Aug. 2017.
Anandasagar, Tushar. "Legalization of Cannabis and its Effect on Workplace Safety." Occupational Safety Group.
[1]Weir, Robert, and Adam Pennell. "How Canada's marijuana legislation will affect employers."The Globe and Mail, April 17, 2017.
[2]Ibid
[3]Ibid
[4]Beeby, Dean. "Employers want Ottawa's help to deal with marijuana-smoking workers."CBC news, March 15, 2017.
[5]Ibid
[6]Anandasagar, Tushar. "Legalization of Cannabis and its Effect on Workplace Safety." Occupational Safety Group.
[7]Correia,Cory."Why marijuana legalization could mean more workplace scrutiny for employees."CBC news, March 19, 2017.
[8]Ibid
[9]Ibid
[10]Young, Dave. "Hiring workers who don’t get high getting harder in legalized states." KVDR. June 2, 2017.
[11]Ibid
[12]Ibid
[13]Hajizadeh, Mohammad. “Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.”International Journal of Health Policy and Management5.8 (2016): 453–456.PMC. Web. 9 Aug. 2017.
[14]Anandasagar, Tushar.
[15]Ibid
[16]Beeby, Dean.
[17]Ibid
[18]Ibid
[19]Hajizadeh, Mohammad
[20]Ibid
[21]Ibid