By David Laks and Sarah Spohr

According to Statistics Canada, cannabis use is up only 2% since legalization, a change so slight that it is almost not worth noting.1

And with legalization normalized, it may be easy to sit back, relax and let cannabis use among your employees slide. Yet cannabis use and safety-sensitive construction jobs don’t play well together – and the consequences can be devastating.

Legal or not, an impaired employee showing up to work at a construction site is a real concern. The good news is there are a number of actions you can take to mitigate the risks of having those employees on site. Consider the following:

  1. Document all safety sensitive positions. Certain roles absolutely require a sober, unimpaired employee (i.e., forklift truck driver, equipment operator). Document each safety sensitive role and clearly identify it as such during hiring. Create a policy detailing the sensitive positions and any repercussions. State clearly that there is zero tolerance for cannabis and other drug use for any employee filling these positions.
  2. Educate your employees – both potential and actual. It’s essential to educate your employees both when they join the company (i.e., during onboarding) and again on an annual basis (i.e., during a review of all annual policies, such as harassment policies). Employees need to be reminded that they are in safety sensitive positions and that cannabis and other drug use will not be tolerated. Also make sure employees understand the ramifications of getting caught.
  3. Train managers to look for reasonable suspicion. A manager who understands the way cannabis and other drugs change a person’s behaviour is a true asset. Managers on their guard for altered behaviour can request drug testing for a specific individual under reasonable suspicion in order to avoid an unsafe working environment.
  4. Accommodate when necessary. If an employee notifies you of any prescription for medical cannabis use, you have a duty to accommodate. But that accommodation is not a free pass – the employee can’t just show up impaired. Instead, find the employee an alternative position that doesn’t have the same safety requirements. (Note that the alternate position does not need to offer the same pay.) Under the law, you can take the employee’s preferences into account, but you are not bound by it. You can choose the option that is least disruptive for your business.
  5. Offer substance abuse treatment and counselling. If you do discover that an employee has an addiction problem, offering treatment and counselling options can help them get back on track. And make sure you document what you offer, as many employees caught in this situation might be tempted to turn it down and then claim it was never offered in the first place.

Cannabis use is, without a doubt, a danger on a construction site. But with careful consideration and thorough education, you can mitigate the risks and provide a safe workplace for all your employees.

Contact your HUB construction expert to find out how you can maintain a safe working environment and protect your construction business.

1 https://www150.statcan.gc.ca/n1/pub/11-627-m/11-627-m2020014-eng.htm