As an employer, you must have a policy stating that any drug or alcohol use at the workplace or impairment from alcohol or drugs is strictly forbidden. It is important to note that an employee suffering from an addiction constitutes a disability, and an employer cannot discriminate against the employee but instead has a duty to accommodate the employee to the point of undue hardship.
Legalized cannabis for recreational purposes can be banned by employers but the use of it for medical purposes may present accommodation obligations in the same way that other appropriate use of mind altering prescription drugs may warrant accommodation considerations.
This policy must be communicated to all employees on a regular basis by way of a meeting, information bulletin, or on an internal website. Failure to enforce the policy consistently may expose the employer to liability.
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