Employers not ready to deal with pot in the workplace: report

Canadian employers are not prepared to deal with marijuana in the workplace as legalization of the drug is anticipated in the near future, according to the latest occupational health and safety study by law firm Fasken Martineau.

Published on April 20, The Good, the Bad and the Troubling is the 2017 edition of the firm’s annual report on oh&s issues across the country. Fasken Martineau surveyed members of 358 businesses across the country on such issues as workplace violence and harassment, alcohol and drugs, oh&s policies, inspections and enforcement. Among the findings: 53 per cent of respondents suspected that another worker had been under the influence of alcohol or nonprescription drugs over the previous year, while 60 per cent had managers and supervisors that were not trained to identify intoxicated workers.

“Many Canadian employers are still unaware of the legislation’s details and are unclear about their legal rights in situations that are ever evolving and often tricky,” said Fasken Martineau partner Norm Keith in a press statement, referring to the upcoming pot legalization. “Failing to comply with [oh&s] requirements leaves organizations at risk of regulatory investigations, damaging charges, costly fines and even jail terms.”

The 28-page report also noted that 63 per cent of respondents worked at companies with written alcohol and drugs policies, while 79 per cent worked for businesses with Employee Assistance Programs to deal with workers with substance-abuse issues. But only 12 per cent said that their employers had random alcohol and drug testing for workers in safety-sensitive positions.

“This increases Canadian organizations’ chances of experiencing alcohol- and drug-related problems or safety concerns at the workplace,” Keith wrote in the report.

Other findings from the survey overall:

  • Twenty-three per cent of respondents said that their organizations had not updated their oh&s policies over the previous year;
  • Only 34 per cent said that their employers had formally trained every worker, contractor and subcontractor on oh&s policies and programs;
  • Half of the respondents said that their employers had not conducted risk assessments for harassment and violence over the previous year;
  • Forty-six per cent said that their companies had not provided proper training to deal with domestic and/or sexual violence in the workplace to every manager, supervisor and employee; and
  • Fifty-five per cent responded that their employers had not provided training for managers on what to do when an oh&s inspector arrives.

“Going forward, Canadian companies should prepare themselves for continued enforcement and prosecution in relation to health and safety matters and for a trend towards higher fines and jail terms for individuals,” wrote Keith.

The Good, the Bad and the Troubling is available for download at http://www.fasken.com/2017-ohs-survey-report/.

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