Marijuana Use and Workplace Safety

The number of people using marijuana in Canada is rising rapidly, and the impact of this increase is showing up at work. Drug testing services report more positive tests for marijuana, both in pre-employment drug screens and drug tests conducted for other reasons.

The penalty for a positive test is often a refusal to hire or, for those who are already employees, discipline up to and including termination. An employee familiar with state laws legalizing marijuana for medical and recreational use may be surprised by such a harsh workplace penalty, but employers continue to have good reasons for enforcing a strong substance abuse policy that includes a ban on marijuana.

Safety Issues

Safety concerns are often a company's primary reason for prohibiting marijuana in the workplace and they are a valid basis for banning the drug. Marijuana use has been linked to an increase in job accidents and injuries, and the NationalInstitute on Drug Abuse notes that the short-term effects of marijuana include impaired body movement, difficulty with thinking and problem-solving, memory problems, and an altered sense of time.

In May 2015, an article in the Journal of Occupational and Environmental Medicine concluded that there is a likely statistical association between illicit drug use, including marijuana, and workplace accidents. While some studies suggest that marijuana use maybe reasonably safe in some controlled environments, its association with a workplace accidents and injuries raise concern.

The impact marijuana use makes on transportation safety can be especially alarming. The drug impairs attentiveness, motor coordination, and reaction time and impacts the perception of time and speed. Studies from the National Institute on Drug Abuse have found that marijuana negatively impacts driving performance, and other researchers have found that acute use of the drug increases the risk of crashes and fatal collisions.

Changing Attitudes

Issues with attendance and productivity also can arise from marijuana use and morale maybe impacted. Despite the safety and productivity risks associated with marijuana use, however, the drug is increasingly seen as socially acceptable and its dangers may be marginalized.

Some of the social acceptance comes from the legalization of the drug under certain state laws. Employers should make sure their policy reflects additional steps that may need to be taken to meet their obligation to consider employee rights while guarding workplace safety. An employer may prohibit workers from being impaired by a controlled substance, however, and may determine that the use of medical marijuana that leads to impairment at work is not a reasonable accommodation.

While employers need to be mindful of state medical marijuana laws that can include discrimination provisions, there is no federal requirement to accommodate the use of the drug. Because marijuana remains illegal under federal law, employers do not need to consider its use as accommodation.

State laws and a changing cultural attitude toward marijuana may give rise to misperceptions about the drug's place at work. However, workers should be aware that marijuana laws do not diminish the need for a safe, productive workplace, and that employer can expect all employees to work to the standards required for the job.