With legalization set for Oct. 17, we’re wondering what we need to do to change our workplace drug policy?
Everything you need to get your policy ready is on the HRI site.
Step 1: While sweeping “zero tolerance” statements may sound impressive, they’re legally problematic. So, base your ban on workplace drug use and impairment not on legality or morality but fitness for duty. (Use the HRI Model Fitness for Duty Policy as your template.) https://hrinsider.ca/workplace-substance-abuse-fitness-duty/
Step 2: While legalization shouldn’t have any substantive impact on your testing policies—other than to enhance their importance—you should vet them using the HRI Model Policy.
Step 3: Address medical marijuana. Specifically, say that ban on use and impairment applies to both legal and illegal drugs, including medical marijuana and prescription drugs. Encourage employees to disclose their use of medical marijuana or other legal drugs that may impair their ability and fitness for duty voluntarily and on a non-punitive basis and state your willingness to accommodate their disabilities up to the point of undue hardship.