Employers often feel that they’re between a rock and a hard place when it comes to drugs and alcohol in the workplace. On the one hand, they have a legal duty to accommodate employees who suffer the disability of addiction, or who have been prescribed medication, and on the other hand, they also have a legal duty to protect the health and safety of those employees, their coworkers and the general public.
It’s a pretty hot topic right now, not least because of the huge growth in medical marijuana prescriptions over the last couple of years – one estimate I saw, from the Canadian Life and Health.
But the fact is that, when it comes to employers balancing the duty to accommodate with the duty to maintain a safe workplace, nothing has really changed. It all comes down to three things: creating a solid policy, informing and education all staff, and implementing the policy consistently.
Even if you have a drug-and-alcohol policy, I would still advise you to look at it very carefully to make sure all the bases are covered. In a lot of cases, that may mean updating and relaunching the policy, reaching out to educate staff, and making sure all supervisors and managers are applying it consistently.
So, first, what should be in a good policy? That’s really not all that complicated. There is something close to consensus among HR experts about the elements it should include. (Just an aside here: Policy is an employer responsibility that you can’t hand off, but consultation and discussion with employee representatives and/or a joint health and safety committee can be useful in tailoring it to your workplace, and in smoothing the process of acceptance).
- A statement of commitment to the health, safety and well-being of all employees and the general public.
- A prohibition of the use or possession of alcohol, marijuana or illegal drugs anywhere on the employer’s premises. (There may be a specific, well-defined exception for alcohol at certain company-sponsored and regulated social events.)
- A prohibition on coming into the workplace while impaired by alcohol, marijuana, or illegal drugs.
- A requirement to report to supervisors the use of any prescription medications – such as marijuana
But the fact is that, when it comes to employers balancing the duty to accommodate with the duty to maintain a safe workplace, nothing has really changed. It all comes down to three things: creating a solid policy, informing and education all staff, and implementing the policy consistently.
Even if you have a drug-and-alcohol policy, I would still advise you to look at it very carefully to make sure all the bases are covered. In a lot of cases, that may mean updating and relaunching the policy, reaching out to educate staff, and making sure all supervisors and managers are applying it consistently.
So, first, what should be in a good policy? That’s really not all that complicated. There is something close to consensus among HR experts about the elements it should include. (Just an aside here: Policy is an employer responsibility that you can’t hand off, but consultation and discussion with employee representatives and/or a joint health and safety committee can be useful in tailoring it to your workplace, and in smoothing the process of acceptance.)