A recent arbitration in Newfoundland has found that medical marijuana use is an undue hardship in safety-sensitive positions for employers. The Arbitrator dismissed a grievance in Lower Churchill Transmission Construction Employers’ Association and IBEW, Local 1620 on April 30, 2018. The conclusion was as follows:
The Employer did not place the Grievor in employment at the Project because of the Grievor’s authorized use of medical cannabis as directed by his physician. This use created a risk of the Grievor’s impairment on the jobsite. The Employer was unable to readily measure impairment from cannabis, based on currently available technology and resources. Consequently, the inability to measure and manage that risk of harm constitutes undue hardship for the Employer.
A complete summary can be found here.
This is a welcome decision for employers that value providing a safe work environment for safety-sensitive employees. This decision acknowledges residual impairment caused by cannabis and the responsibility of employers to remove this risk from their worksite.
Does your Drug & Alcohol Policy properly deal with the risk of impairment in safety-sensitive workplaces? Contact CannAmm today to discuss how you can effectively reduce the risk of impairment and make your workplace safer.