October 17th 2018 is the big day. The big day that employers have been bracing themselves for in Ontario – the legalization of marijuana.

Here are some quick facts for you:

• Medical marijuana will have different rules than recreational marijuana

Recreational Marijuana:

• The minimum age for buying, using, possessing and growing recreational cannabis will be 19 and older
• Those using it will only be allowed to use it in a private residence, their unit or on their balcony (if in a multi-unit building and subject to building rules/lease agreement)
• Those using will NOT be allowed to use recreational cannabis in:
*Any public place
*Workplaces
*Motorized vehicles
• It is illegal to drive drug-impaired
• There will be zero tolerance for young, novice and commercial drivers
*The user will not be able to have any cannabis in their system in the following circumstances:
when driving and:
?        *age 21 or under
?       *the driver possesses a G1, G2, M1 or M2 licence
?       *the vehicle requires an A-F licence or Commercial Vehicle Operator’s Registration
?       *the vehicle is a road-building machine

For the Workplace:

The consumption of recreational cannabis in the workplace is illegal and will continue this way even after the legislation comes into effect October 17th 2018.
Employers and those with Managerial duties:
• Must have a clear understanding of the rules for medical cannabis
• Must address workplace hazards under the OHSA and take every precaution reasonable in the circumstances for the protection of a worker.
• An employer may consider conducting a risk assessment to identify risks that should be addressed, then developing, maintaining and implementing written measures to control risks etc.

Employees and Workers:

• If unfit or unable to work safely, must understand that they could be a hazard to others at work
• Have a duty to perform their job safely and report hazards to management under the OHSA

Medical Cannabis:

• Employers must make accommodations for those disabled employees who have a prescription for medical marijuana, just as they would be for any other disabled employee with a medical drug prescription
• Having a medical marijuana prescription does not mean that that employee is entitled to be impaired at work, compromise his/her safety or the safety of others, smoke in the workplace, have unexcused absences or late arrivals

Employer Steps to Prepare:

• Consider conducting a Risk Assessment to identify risks and hazards in your workplace
• Address the hazards and risks
• Prepare and release a workplace drug, alcohol and substance abuse policy(s), a smoking policy and an accommodation policy and review/update annually
• Ensure H&S training to workers, supervisors and employers including around drug, alcohol and substance abuse, how to recognize signs and how to deal with impairment

You are not alone – there are many employers that are bracing for impact. If you need help with any of the steps above to help prepare – contact us.

Here are some links to assist you with additional information:

The Ontario Ministry of Labour
Occupational Health and Safety Fact Sheet