Countdown to Cannabis Legislation - Good News for Employers
A pair of recent cases help to highlight the boundaries of cannabis use within the workplace and the limits of the duty to accommodate employees in safety sensitive positions with medical authorizations for cannabis.
The decisions should provide some measure of relief for employers looking to control the use of cannabis at the workplace, especially where there are significant safety concerns, having a medical authorization will not override all safety concerns.
The cases are also helpful in the context of regulating recreational cannabis in the workplace as they confirm that use in the workplace is not an unfettered right, even where an employee has a medical authorization.
It is important to remember that every situation will be different and mus be analyzed based on the particular circumstances.