developments
Industry limited in drug testing options as pot becomes legal Cannabis legalization not likely to prompt changes to workplace safety legislation, experts say
After more than a year of deliberation and months of legislative ping pong between the Senate and the House of Commons, Prime Minister Justin Trudeau said the country will federally legalize the consumption of recreational cannabis on Oct. 17, after the Senate approved the government’s legalization bill on June 19. What this will mean for those managing workplace safety, however, is still a work in progress. The new law allows adults in Canada to The ore preparation plant at Suncor's Fort Hills operation. A recent ruling from the Alberta Court of Queen's legally possess and con- Bench sided with Suncor regarding random drug testing. sume small amounts of cannabis, and outlines the framework “Employers’ time is better spent trying testing employees is governed by a for the production, possession, safety to educate people about the problems patchwork of decisions outlined in standards, distribution, and sale of the with bringing drugs and alcohol into human rights tribunals and the courts, drug. It also creates new Criminal the workplace and offering employees’ and by labour arbitrators. Historically, Code offences for selling marijuana to assistance in preventing that from hapthe large majority of random drug and minors and sets the minimum age for pening.” alcohol testing policies have been struck legal consumption at 18 – although Goldcorp spokesperson Christine down by arbitrators as an infringement provinces can opt to raise it. Marks wrote in an email that the comof employees’ privacy rights. Despite concerns voiced by players pany is “planning to take a proactive Last January, Champagne worked on from heavy industries like mining, transapproach – educating ourselves, sharthe USW’s arbitration case against Teck portation and oil and gas – where ing information and providing educaResources, one of the newest additions employees must operate large, dangertion for employees.” She added that to the body of case law. An arbitration ous equipment – the lack of precise “impairment is still impairment, victory for the union put an end to a drug-testing methods for cannabis, whether it’s a legally prescribed medfive-year random drug and alcohol testexisting case law, and employees’ right to ication or a recreational substance. Safe ing regime at Teck’s coal mines in privacy mean any significant overhaul of production is our priority and that British Columbia’s Elk Valley. The case workplace safety regulations is unlikely. won’t change.” – which ran over three years and “Employers always had the right to Currently, mining companies and involved 39 days of hearings, multiple prevent impairment, whether a drug is other employers in safety-sensitive expert witnesses and undisclosed legal like alcohol or illegal like mariindustries must adhere to provincial amounts of money – does not bode juana, so I don’t see the law changing,” workplace safety regulations and, if well for mining companies considering said Rob Champagne, legal counsel for dealing with unionized workers, collecimplementing random drug testing the United Steelworkers (USW) union. tive agreements. The law around drug policies once cannabis is legal. August • Août 2018 | 23
Courtesy of Suncor
By Cecilia Keating
