One of your employees arrives to the workplace and you notice a lingering cannabis smell. How would you handle the situation?
Since the legalization of recreational cannabis in October 2018, public perception and statistics on its usage have changed. However, it remains illegal to recreationally consume cannabis in the workplace or report to work under the influence, just as any substances that cause impairment. Employers are obligated to ensure the safety of all employees in the workplace, which includes identifying and addressing hazards such as prohibited substance usage.
Establish company policies with language on prohibited drug and alcohol usage
The first step is to ensure that language around prohibited substance use in the workplace is included in your company’s policies and procedures. This sets the standard for all employees to understand their responsibilities and potential disciplinary actions if they don’t comply.
Rely on observations
So, what happens if you suspect an employee has reported to work potentially affected by drugs or alcohol? Workplace drug and alcohol testing is only permitted in situations where employee safety is at high and immediate risk, intended to protect employee privacy. If you suspect an employee is impaired, employers are encouraged to use observation, supervision, and face-to-face conversations to make this determination.
Consider other signs of impairment
- Delayed reaction times, confusion, and difficulty concentrating on tasks
- Unsteady balance, dizziness, shakiness, or poor motor coordination
- Sudden shifts in mood or erratic behaviour
- Slurred, slow, or unintelligible speech
- Fatigue or drowsiness
- Bloodshot, watery eyes, or pupils that are either constricted or dilated
Focus on safety rather than assumptions
It is easy to jump to the conclusion that if someone smells of alcohol or cannabis, or if they present other signs of impairment, they must be intoxicated. Employers must not act on assumptions. Behavioural signs of drug use may be side effects caused by prescribed medication, medical conditions, or personal factors such as stress. It’s also reasonable for someone to smell of cannabis or alcohol if they have been in proximity to smoking or drinking rather than doing it themselves.
The goal is to assess the safety of the employee and others in the workplace rather than acting on assumptions. If an individual shows signs of impairment and performs tasks that could be a legitimate safety concern (i.e., operating machinery), employers must promptly relieve them from duty and address the issue.
Respond professionally and respectfully
Having these types of conversations with employees can be challenging. Jumping straight to accusations does not serve to help the situation, leading to harmful misunderstandings and distrust in the organization. There are a few reliable techniques that managers and employers can use for these interactions. These meetings should be held privately and the employee should first be made aware of what the meeting is about.
- Keep meetings private, non-accusatory, and non-judgmental.
“We’re meeting with you today because we have noted some behaviours that have raised concerns about workplace safety and performance.”
- Communicating specific observations or work performance.
“We’ve recently noticed you’ve had some trouble concentrating during meetings. Is there anything impacting your attention or focus?”
“It seems your work performance has changed recently. Can you help me understand what’s going on?”
“We’ve observed times where you appeared to be unsteady on your feet. Is there anything impacting your physical coordination?”
- Emphasize concern over safety.
“Are there any factors that are impacting your ability to work safely?”
“Do you feel that you’re able to be successful performing your work duties?”
“Is there any health concern or personal issue that may be impacting your ability to work safely?”
- Use a supportive approach.
“Is there anything going on personally that’s affecting your work?”
“Do you have the resources or support you need?”
“Do you need any support or accommodation to perform your job safely?”
Managers and employers should avoid confrontational questions such as, “What type of drug are you on?” or “How often are you doing drugs?”. Some circumstances where there is enough evidence to support the claim may warrant a more direct statements such as, “Based on some events we’ve observed, we are concerned that you may be impaired.”
It is also best practice to document the results of each of these meetings as well as any observations in their employee file. If the employee refuses to acknowledge safety concerns or performance issues and deny the cause of them, managers can proceed with the progressive discipline process.
Discipline versus accommodations
What if the employee admits to being impaired by drugs or alcohol? The employer’s next step should immediately be to ask some key follow-up questions.
- “Are you able to perform your job safely today?” If the employee answers no, it is appropriate to send them home. Do not allow them to drive themselves and ensure they have safe transportation back to their residence.
- Depending on the situation, it can be appropriate to ask, “Do you require medical attention?”
- “Is this a one-time occurrence or will this be an ongoing issue?”
- “Is there a medical condition, prescribed medicine, or dependency issue where you would need an accommodation?”
If the employee confirms they have used substances and it is not related to dependency, addiction, or medical condition, employers may decide to issue a warning or discipline them. In this scenario, it’s also recommended to thank the worker for their honesty.
With substance dependency legally recognized as a disability in Canada, employers have a legal obligation to inquire if employees require accommodation for a disability. If the employee discloses that substance dependency or addiction is a factor, employers must treat it as a medical condition. This is true even if the employee initially denies substance use, receives disciplinary actions, then later describes needing accommodation.
Employers faced with an accommodation request may consult with a physician in order to determine appropriate accommodation. Regarding cannabis, it is important to note that a prescription for medical use does not entitle an employee to be impaired at work or smoke cannabis in the workplace.
Need further assistance?
HR Performance & Results has expertise in building policies and procedures, handling accommodations, and offering specific coaching on this topic. Contact us today for inquiries.