Darren Stratton & Andrea Williams in the NLCA 2019 Construction Journal | Medical Marijuana: If you can't measure it, you can't manage it - and you can't accommodate it
December 13, 2018
By Darren Stratton, Partner at McInnes Cooper,
Andrea Williams, Articled Clerk at McInnes Cooper
Employers are feeling the heat to prepare for the workplace implications of legalized recreational cannabis. But medically-authorized marijuana – and particularly, accommodating its use by employees in safety-sensitive positions – is already a burning issue. In their article, Medical Marijuana: If you can’t measure it, you can’t manage it – and you can’t accommodate it (PDF), as published in the Newfoundland & Labrador Construction Association’s (NLCA) 2019 Construction Journal, McInnes Cooper Labour & Employment Lawyer Darren Stratton and Articled Clerk Andrea Williams explain how employers can find guidance in the conclusion of the recent N.L. Arbitration decision in Re Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard): since employers can’t measure residual impairment caused by cannabis use, they can’t manage the safety risk – and in a safety-sensitive position, that’s undue hardship on an employer.
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