NOVEMBER 2018 • COUNTRY LIFE IN BC


Cannabis raises new workplace


concerns Farm employers need to know how to address impairment


by RONDA PAYNE


ABBOTSFORD – The legalization of cannabis October 17 means employers – including farmers – need to review staff policies to ensure safe workplaces. It’s an issue causing national confusion, and nowhere more so than down on the farm. “It’s going to be legal, but what does that really mean?” asked Wendy Bennett, executive director with AgSafeBC, who addressed the issue with lawyer Michael Truong, an associate at Sorensen Smith LLP in Surrey, during a special session at the 2018 Canwest Hort Expo in Abbotsford at the end of September.


While medical cannabis will


be treated like a prescription drug, recreational cannabis will be treated like alcohol. “The reality is, and hope is,


employers will have existing policies in place,” said Truong. “[It] depends on the obvious wording of [the policy] but generally speaking, you can transfer the wording of [the policy] from alcohol to recreational cannabis.” An employer must accommodate employees with a prescription for cannabis, so long as this doesn’t impose undue hardship on the employer, but they must also ensure this does not expose others to second-hand smoke or put workers in danger. Some companies are taking the potential risks from cannabis use seriously. Air Canada changed its drug and alcohol policy to ban recreational use of cannabis both on and off-duty for what they define as safety-critical employees. The RCMP has set a policy banning use 28 days prior to a shift.


One of the challenges with cannabis is that, unlike alcohol, there’s no commonly accepted test to determine impairment from the tetrahydrocannabinols (THC) in cannabis, explained Truong. “Current screening is only


of the presence of THC or not – not the levels,” he said. Both Bennett and Truong state the issue is about impairment, not use. “The rules apply no matter


why a person is impaired,” says Bennett. “There could be any number of reasons or


suggestions that there is an impairment. We need to focus on the fit-for-duty piece.” Berry grower James Bergen


realizes he will need to revisit his employee policies prior to the 2019 berry harvest season. Because he employs workers from Mexico, much of the policy is established with the consulate.


He notes that anything that could be seen as impairing motor skills, and any government-regulated substance, is banned at the site.


But how long after using cannabis is a worker free from impairment, and how can an employer tell if someone who uses cannabis, either recreationally or medicinally, is in danger of being impaired? “The focus should be on


safety,” Bennett says. If an employer is concerned about a safety-sensitive issue (where direct and significant damage to property and/or injury to the employee or others is possible), they generally have a right to test for suspected THC. If the employee is not in a safety- sensitive situation, the employer has no right to test. “Support and empathy are


key,” notes Bennett. “Ensuring that you’re fair and equal in application. You should have a witness if you’re going to have that conversation [about possible impairment]. Document. If it’s not written down, it didn’t happen.” Truong notes that


employers should always err on the side of caution and talk to an employee who may be presenting a risk to themselves or others. “[The] liability in a safety issue is a lot worse than the civil issue on their rights,” he says. “The employer will be monitoring what is safe or unsafe behaviour. If there is an accident and the employer has indicators (smell, complaints, etc.), you can do a test then.”


He adds that there are


certain situations where an employer is able to discriminate against an employee, but the complaint process, notes and other information must show the employer is justified in the course of action. “You have to prove you took all reasonable steps to


LOADER* Th re’


FREE


Da up


heres a lot to love iin the CK2510. aedong diies


maximize the ope ator pl hs*


p to 6 month 60 p atform


e el engine. All CK series era


off with KIOTI’s 6 year unlimite Learn more about the CK251


*Offer availab Pric


P ing and Som


appliies to C change w


er ava able Ot


Some cus ome wiill ap


u tomers wil not qualifi y. Some restrict nsactions ap l . Offer es to CS, CK10, DK10 and NX model K ge without n


an reba es in U donUS dollarsA dNX


ut notice. See y el KIOTI tractors an e. See your dea rfor d dealer for details. © 2


October 1 21, 2018 - D b tes n USdollars. A


-December 31, Dece 1 2018.Ca m for eas or choose up to t d hour*


s. Additional fees ilfees including, butnot limite t ctions apply O e avai able on sand must b


. Cannot be combined with an t notlimit dto,taxe


Financing* Months 0% e t 2500 10 and this offer at yo hany other offer. R r t d to, taxes, fes, freight seght, se ©2018 KIOTI Tractor C pany aD a Division of D r. Rebates a


vailableon new equipment only.nt only Prior purchrpurc ases ars are not el st be purchased and registered b Com


s tup and deli ed between S


del very charg en September 1


es and/or fi c


of aedong-USA, Inc. n Kioti.com


25 0 Such as the ultl ra-ququiet, lo es tractors also featu se of


t $250 cash back* t re sus


ow vibratio u pended


industry leading warr


rfinancing based o ges ma


may apply. eli


e gible. 6 on th UP TO 60 on,, envir ronme tentallly


o movement. For a limited time, ge on the KIOTI®


ranty and you can’t donthe purchase o e. 6 Year W - D c ber 1, 2016 -Decem er 31, 2018


y. Cust mers must t ke deli ty ffor N


ustomers m st ts ake del very prior to the end of the pro rWarranty


of eligible equipment Non-Commercial, resid


g le e 2 . Offer va d on er validond ly at partic tial use se on p


d brake and clul tch ped CK2510


idential us nly. 6 Y cipati


p gramr 6Year


ing Dealers Off ng Dea ers. Of er s $2500 Cash Back* (T-L-B ) y fr en l


riie dly dals to


g t 0% Financing 0. Top this deal t be


your auththorized K OTKIO I Tractor Deal


e defined ini promotional prog or totheen


eat it. ler.


p ram. period


rWarranty subject t


iod. y


ct to


TASTY! Sean Bolongaro, left, and his wife Rachel were busy pouring samples from their Fraser Valley Cider Company at the Fort Langley Cranberry Festival last month. RONDA PAYNE PHOTO


lead to that adverse effect on the employee,” he explains. A prescription for medical cannabis does not allow an employee to be impaired at


CK 25 HP


work nor compromise the safety of others.


The Human Resources


Professionals Association would like to see the


government establish two sets of guidelines governing impairment – one for medical marijuana, and another for recreational.


17


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44