August 17, 2017
Torys counsel Darryl Hiscocks has contributed to a BBC piece about marijuana in the workplace, highlighting the difficulty Canadian employers have when it comes to drug testing its employees.
Darryl said compared with U.S. businesses, Canadian employers had less freedom to do so and believed, if employees were using the drug for medicinal purposes, employees should inform their managers.
“Pre-employment testing isn’t typically allowed and most employers can’t do random testing either,” Darryl told BBC.
“Employers often feel caught in the middle. They have to meet their health and safety obligations such as with workers who may drive a vehicle, but they also have to accommodate medical marijuana users and employees addicted to marijuana, which can be considered a disability.
“It’s a matter of balancing employee privacy interests and human rights with workplace health and safety concerns.”
You can read the full article on BBC’s website.