Don’t Let New Cannabis Laws Compromise Site Safety

The legalization of recreational marijuana raises troubling questions for workplaces and workers. Many are concerned that a rise in cannabis use will increase the danger of impairment in the construction industry and beyond.

Will the new law threaten site safety? Many factors diminish coordination and decisionmaking at work: lack of sleep, domestic issues, work stress, substance use, to name a few. And most workplaces have rules regarding fitness for duty already.

So why should we be concerned about pot? Because labour can assist its management partners to improve safety. Unions have to do more. We cannot trust government or employers alone to take care of us. Our safety is our responsibility.

I sympathize with our employers. They must keep sites safe because the Ministry of Labour, courts, and clients can impose huge sanctions. Besides economic penalties or insolvency, some employers lose the will to carry on in the shadow of a workplace tragedy. Yes, workers need protection. So, too, do the businesses that employ us.

What should unionized workers do once recreational marijuana is legal?

Exercise your responsibilities. We don’t tolerate booze, horseplay, or improper PPE. We confront coworkers whose health and safety practices and attitudes are dangerous and unprofessional. We entrust crew safety to team members who are fit. We don’t turn a blind eye to health and safety infractions. We behave responsibly. We protect our crew, our family, and the livelihoods of all who work for our company. We help those who need it; we don’t hide them.

Exercise your rights, too. Learn about fitness for duty programs and policies. Participate in site health and safety. Use employee assistance plans for help. 

Acknowledge the tension between privacy and safety. While some see random drug testing as a critical aspect of workplace safety policies, others insist that such tests violate workers’ rights to privacy. In Ontario, random testing is prohibited for almost all workplaces. Nevertheless, several important legal cases addressing this issue are still in progress, including the dispute between Suncor and Unifor in Alberta and between the Toronto Transit Commission and the Amalgamated Transit Union. An emerging line of thinking (such as in Stewart v. Elk Valley Coal, an Alberta case) argues that workers with dependency issues must seek help sooner. We cannot continue to use substances until caught, and then claim disability that needs accommodation.

Workers must be proactive. We recognize the need for both risk protection and privacy protection. In solidarity, workers can keep their sites safe in the era of legalized marijuana and share in economic gains that come from being part of an attentive, responsible, and safe workforce.