What Ontario legislation applies?
Under the Ontario Human Rights Code (OHRC), employers are required to accommodate workers who have a disability up to the point of undue hardship. This accommodation extends to disabled workers prescribed the use of medical cannabis. The use of medical cannabis, however, does not permit the worker to be impaired at work or endanger their safety or the safety of others. In other words, the requirement to accommodate disabled workers does not equate to being required to allow for unsafe work. There are approximately 18.4 million workers in Canada of which a significant proportion work in safety-sensitive industries such as agriculture, forestry, construction, healthcare and transportation. According to market data from Health Canada, at the end of June 2017 there were a total of 86,196 active client registrations with a licensed cannabis producer in Ontario, with 201,398 active client registrations for the same time period Canada-wide. Employers must be proactive and have a plan to respond accordingly.
Learn more from our PSHSA Medical Cannabis Fast Fact.
As well, PSHSA offers a Two-Part Series on Medical Marijuana. Part 1 provides basic information on cannabinoids, an overview of medical marijuana in Canada, applicable legislation and how it may impact the workplace. Part 2 provides more in depth information on:
