If all goes according to the federal government’s plan, by October 17, marijuana will be legal in Canada.
It’s a hugely significant legislative change that will have an impact across our society. Well, sort of. As many experts have already noted, the likelihood of reefer madness gripping the Great White North and making pot heads of us all is highly unlikely. Those who want to toke (legally) will finally have the opportunity, while those who prefer to crack a cold one on their off hours (or not indulge at all) will consider it business as usual.
That raises an important point for owners and managers of commercial properties and the businesses they occupy: having an HR or facility policy to manage the use of marijuana in the workplace is crucial for ensuring building security. More on this in a moment, but first, the legalities of managing pot use in the workplace and why it matters.
As Toronto-based labour and employment lawyer Peter Straszynski wrote in a 2016 article for Canadian Lawyer magazine:
“Employers will have the right to prohibit the use of marijuana during work hours, and to further prohibit attendance at work while impaired. Violation of these prohibitions can be made the subject of progressive discipline. In appropriate cases, such violations could result in termination of employment for just cause. Where an employee’s use of marijuana amounts to a physical or psychological dependency, however, such addiction will likely constitute a “disability” under provincial and federal human rights legislation, triggering the employer’s duty to accommodate the employee’s disability.”
I won’t delve deep into the complexities of accommodating a pot addiction—although as a business owner, it’s very much on my HR radar—but I can’t do enough to emphasize the importance of training security personnel on ways to identify and manage the behaviour of inebriated individuals that may be under their watch. Why?
Put simply, pot use is already quite common in Canada. According to the 2017 Canadian Cannabis Survey, 23 percent of employees say they partake in the odd joint, while 39 percent admit they’ve driven while high. There is a chance that once legalized, usage will increase, if only slightly.
Now, you may argue that, as an employer or property owner, an individual’s drug-use habits are their own business and none of yours, right? Not so fast.
Anyone who’s been around pot users or partaken themselves knows that people who are high, as with individuals intoxicated as a result of consuming alcohol, tend to make poor decisions. Their senses are dulled. They are clumsier and less alert. They simply aren’t as rational as when sober. While a person who is high isn’t likely to become violent, of course, they can act in ways that are highly problematic from an HR standpoint, potentially placing others at risk—particularly if your commercial property is one that stores or produces hazardous materials, or houses heavy machinery.
It’s important for employers and security personnel to bear this in mind when dealing with individuals who may enjoy consuming cannabis, or who is prone to sneaking the odd joint during work hours.
On the other hand, it’s just as important to set clear policies that govern drug use for security personnel while on the job. Wincon Security already has policies in place to ensure that our staff never partake in any form of drug use at a client site or while engaged in the delivery of services on behalf of our organization. We enforce this policy rigorously and won’t compromise even as pot possession and usage is legalized in the months ahead.
Why? To be fully engaged in their roles and ensure that the commercial property, apartment or condominium residence they’re guarding remains fully secure, our staff must be at their very best. In the same way that we wouldn’t permit our people to stop for a pint mid-shift, we will never permit them to take five to share a joint. Luckily, we work with some of the best in the business and have never had to take action to enforce this policy. Other security firms may not be as stringent in the drafting or enforcement of similar policies.
While it’s highly unlikely that marijuana legalization will cast a significant negative pall on Canadian businesses, slowing productivity and delivering a collective case of the munchies, we do need to prepare for its inevitable arrival. Take the time to adjust your HR and security policies to ensure that yours is a pot-free workplace, and make it clear that employees—and especially security staff—understand that drug use is not an option in your workplace.
Winston Stewart, President and CEO