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Employer Productivity

Considerations for Managing


Cannabis in the Workplace
Bill Howatt, Kelly VanBuskirk, and Elaine Chin

Abstract: In Canada and some American states, the legal-


ization of cannabis for both medicinal and recreational
uses is raising concerns for employers. Managing the
safety and organizational culture risks presented by
­cannabis-induced impairment has been magnified, but
Bill Howatt, PhD, EdD, is the chief the full extent of employer liability risks and produc-
research and development officer of tivity costs has not yet been identified. This article amal-
workforce productivity at Morneau gamates perspectives from the fields of organizational
Shepell, Toronto, Ontario, Canada. He
is regular contributor to The Globe
psychology, medicine, and law to examine the potential
and Mail and the creator of Certified workplace impacts of legalized cannabis, and it affords
Management Essentials offered through practical insights and advice to managers who may be
the University of New Brunswick. questioning how to prudently approach this emerging
complication.

Keywords: cannabis, employee, employer, human


resources, workplace

The prestige of government has undoubtedly been lowered


considerably by the prohibition law. For nothing is more
destructive of respect for the government and the law of
Kelly VanBuskirk, QC, PhD, is a
the land than passing laws which cannot be enforced. It is
partner in the New Brunswick law firm an open secret that the dangerous increase of crime in this
of Lawson Creamer and an adjunct country is closely connected with this.
professor in the Faculty of Business at —Albert Einstein
the University of New Brunswick.

Whether cannabis is being legalized in Canada as a s­ ocietal


approach to save legal and incarceration costs, to increase
tax revenue, or to provide society with another recre-
ational alternative to alcohol is immaterial to employers.
In the end, it is employers that are held accountable to
manage the safety and business efficacy complications
of employee cannabis use, to devise accommodations
for those who use the drug in accordance with medical
Elaine Chin, MD, MBA, is a physician, a prescriptions, and to identify and manage the impacts of
best-selling author, and the founder of recreational influence. Once Bill C-45 (the proposed
both the Executive Health Centre and ­Cannabis Act) is passed and becomes law in 2018, employ-
the Innovation Health Group; and the ers in Canada will enter a new era of employee conduct
health and wellness medical consultant
to Good Housekeeping magazine.
and safety issues, whether ready or not.

© Business Expert Press 978-1-94897-627-5 (2018) Expert Insights


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Employer Productivity Considerations for Managing Cannabis in the Workplace

This paper does not intend to advance The prevalence of cannabis use amongst
a position on the legalization of cannabis. employees, and hence the safety concerns
Rather, it considers the workplace safety it poses, may be surprising to some employ-
implications of legalized cannabis use for ers. The 2017 Canadian Cannabis Survey
both users and nonusers. reported the following statistics: 23 percent
of workers use cannabis; 39 percent of
How Ready Is Your Organization to reported usage occurs within 2 hours of
­
Manage the Risk That Legalization ­operating a vehicle; 21.5 percent of work-
of Both Recreational and Medical ers used cannabis to get high before or
Cannabis Use Brings to Your while at work; 39 percent reported having
Workplace? been a passenger in a vehicle operated by a
To fully understand the risks posed by driver under the influence of cannabis; and
cannabis use by workers, employers are 7.7  percent reported using cannabis to get
­advised to first develop a basic understand- high before or at work on a daily or weekly
ing of the nature and effects of the drug. basis (Government of Canada 2017.). In
Despite arguments to the contrary, it is not short, Canadian workers are already using
a harmless plant, a wonder drug or a safe cannabis in ways that impact their perfor-
recreational alternative drug. mance at work.
Cannabis is a psychoactive drug, and One question all HR leaders will be dis-
when misused, whether for medical or covering firsthand after the legalization of
recreational purposes, it can cause psycho- cannabis is to what degree cannabis use
logical and physical dependency. Although in the workplace impacts resources (e.g.,
it may be used for medical applications, ­increase in the number of accommodations,
when used by workers it can have a nega- discipline, support for employees experienc-
tive impact on performance and workplace ing ­ financial stress because of daily costs
safety. incur­red on medical cannabis) and dollars
An example of the drug’s effects can be (e.g., increased testing, treatment support).
found in a study that focused on airline Our thesis is employers will need to do more
pilot performance after smoking cannabis. than update their drug and alcohol policies
The study found that only one of nine to be properly prepared to manage canna-
­pilots in a test group had awareness of the bis in the workplace, which is the only drug
intoxicating effect of a low-dose cannabis ­employers must monitor that has both a rec-
joint. Further, the results of testing done reational and a medical use.
on the pilots in a flight simulator showed The purpose of this paper is to provide
that after smoking one cannabis joint all human resources leaders with information
nine pilots exhibited significant impair- to assist in preparing the workplace for
ment of the motor skills required to land ­legalized cannabis in Canada. Recognizing
an aircraft (Leirer et al. 1991). This study that cannabis is a significantly different
illustrates that not only does cannabis drug than alcohol, safe management of its
consumption cause impairment, but the use by employees will require more exten-
extent and duration of that impairment is sive training and preparation than having
not clearly understood for all users. The employees sign new, updated drug and alco-
safety implications of cannabis use have hol policies. To prepare for the legalization
been confirmed in a number of studies, of cannabis in the workplace, it is recom-
including one that found that cannabis
­ mended that human resources leaders do
­users are twice as likely as nonusers to more than consult lawyers. That typically
have a car accident (The National ­Academy will include discussions on policies for l­ egal
of Sciences, Engineering, and Medicine drug testing, reviewing updated drug and
2017). alcohol policies, validating procedures for

2 © Business Expert Press 978-1-94897-627-5 (2018) Expert Insights


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Employer Productivity Considerations for Managing Cannabis in the Workplace

discipline up to termination for misuse in Similarly to other prescription and non-


the workplace, and human rights accom- prescription drugs, cannabis has been
modations for employees with medical found to offer medical benefits and to cause
conditions. While we agree that these are unwanted side effects. Regarding its posi-
important, we do not believe this is enough tive medical impacts, cannabis been found
to prepare for the legalization of cannabis. useful in the treatment of:
We also suggest that HR leaders become ed-
ucated on cannabis and explore workplace ■■ Chronic pain
productivity strategies to assist in facilitat- ■■ Nausea and vomiting associated with can-
ing employees’ education and prevention cer chemotherapy
to reduce the risk of misuse. ■■ Anorexia and cachexia in HIV/AIDS
■■ Spasticity in multiple sclerosis and spinal
How Prevalent Is Cannabis Use cord injury
in Canada?
In Canada, the use of cannabis for medical The benefits of cannabis use in respect
indications has been legal since 1999. How- of conditions such as epilepsy, pruritus
ever, the number of registered users has (severe itchy skin), and depression are not
grown 1,500 times in size since statistics well documented; however, the lack of
were first documented in June 2014 (HRPA obust scientific evidence so far does not
2017). According to Health Canada data, indicate that cannabis has a low thera-
­almost 167,000 Canadians were registered peutic effect for any particular condition.
to purchase cannabis in the last quarter Further clinical trials are needed to provide
of 2016 to 2017 (HRPA 2017). Figure 1 pro- scientific evidence to fully understand can-
vides a visual overview of the amount of nabis’s true medical benefits by condition
dried cannabis and oil sold to patients from studied. Past studies of the impact of sin-
2014 to 2017 as reported by Health Canada gle cannabinoids and whole plant prepara-
(Canadian Cannabis Industry & Market tions (smoked cannabis, cannabis extract)
Snapshot Report n.d.). have in some cases illuminated success
Figure 1 provides evidence that the by positive anecdotal patient stories. For
amount of medical cannabis being sold in example, the antiemetic, appetite-enhancing,
Canada has rapidly increased. It will take a relaxation-inducing, analgesic, and thera­
few years after legalization to fully under- peutic uses of the drug in respect of
stand the expected levels. The same will Tourette’s syndrome were all uncovered
­
hold true for recreational sales. in this manner.

Figure 1:  Amount of Dried Cannabis and Oil Sold to Patients

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