What Does Legal Marijuana Mean for Employers in Canada?

What Does Legal Marijuana Mean for Employers in Canada?

On October 17, Canada became the second country in the world after Uruguay and the first developed country to legalize the sale and consumption of recreational cannabis. Under the new law, adults will be allowed to possess up to 30 grams of dried cannabis—available for purchase only from government stores—and in most provinces will also be allowed to grow a maximum of four marijuana plants per household. Many of the details of regulating legal marijuana have been left to Canada’s 13 provinces and territories to decide for themselves, however, leading to potential variation from province to province in key regulatory issues such as the rights of employees who use the drug and their employers.

Smoking marijuana in workplaces remains illegal (as is smoking of any kind), but questions remain over whether Canadian organizations will be able to regulate their employees’ cannabis use off the clock and off the worksite. Workers in some fields will still face strict standards, the New York Times explains:

Employees who handle dangerous products or operate heavy machinery may face stepped-up or new drug tests. Airline pilots face tough restrictions on how near to the start of shifts they may use marijuana. The armed forces will have specific orders for its members and the Calgary Police Service has banned pot use by off-duty officers. The Royal Canadian Mounted Police and Toronto’s police force will ban most officers from using marijuana within 28 days of reporting for a shift.

Impending legalization had raised anxieties among employers in safety-sensitive industries, who were unsure of what measures they would legally be able to take to prevent employees from working while high. Part of what makes these claims difficult to adjudicate is that there is no simple metric for measuring marijuana intoxication; the chemicals in cannabis remain in the body for several weeks after it is used, and current drug testing protocols can’t determine precisely whether an individual smoked an hour ago or two days ago.

Read more

Massachusetts: Construction Workers Account for Nearly 1 in 4 Opioid Overdose Deaths

Massachusetts: Construction Workers Account for Nearly 1 in 4 Opioid Overdose Deaths

In a new report, the Massachusetts Department of Public Health finds that construction workers made up nearly one quarter of workers in the state who died from opioid-related overdoses between 2011 and 2015. Workers in the farming, fishing, and forestry occupation (mostly fishing) had a similarly high rate of overdose deaths compared to the general population, while warehouse, transportation, maintenance, food service, and health care support workers also died from opioid overdoses at above-average rates.

The study, funded by the US Centers for Disease Control and Prevention, found a noteworthy gender gap in the occupational profiles of overdose victims. Most of the construction workers counted in the study were male, and men in the construction, agricultural, and material moving occupations experienced opioid-related deaths at a higher than average rate for male workers in Massachusetts. Among women, however, the highest rates were among healthcare support and food preparation/service workers.

A common thread among the occupations with high rates of overdose deaths is a greater propensity for workplace injuries in these industries, the report notes:

The rate of fatal opioid-related overdose was higher among workers employed in industries and occupations known to have high rates of work-related injuries and illnesses. This finding is consistent with previous research documenting common use of prescribed opioids for management of acute and chronic pain following work-related injury. The rate was also higher among workers in occupations with lower availability of paid sick leave and lower job security. More in-depth research is needed to characterize the potential contribution of these factors to opioid misuse and overdose.

Experts and advocates for occupational safety in Massachusetts tell the Boston Globe they’re not surprised by these findings:

Read more

OSHA Plans to Scale Back Workplace Illness and Injury Reporting Requirements

OSHA Plans to Scale Back Workplace Illness and Injury Reporting Requirements

The Occupational Safety and Health Administration of the US Department of Labor has issued a Notice of Proposed Rulemaking that “would amend OSHA’s recordkeeping regulation by rescinding the requirement for establishments with 250 or more employees to electronically submit information from OSHA Forms 300 and 301”:

OSHA is amending its recordkeeping regulations to protect sensitive worker information from potential disclosure under the Freedom of Information Act (FOIA). OSHA has preliminarily determined that the risk of disclosure of this information, the costs to OSHA of collecting and using the information, and the reporting burden on employers are unjustified given the uncertain benefits of collecting the information. OSHA believes that this proposal maintains safety and health protections for workers while also reducing the burden to employers of complying with the current rule.

OSHA illness, injury, and fatality reporting rules was introduced under the Obama administration in 2014 and 2016, requiring employers to report work-related fatalities and severe injuries to the administration and later to electronically submit injury and illness information to OSHA annually. The new administration’s rationale for the regulatory change is that “the electronic collection of case-specific forms … adds uncertain enforcement value, but poses a potential privacy risk under FOIA,” the notice states.

Read more

Company Experiments With Helping Employees Avoid, Recover from Drug Addiction

Company Experiments With Helping Employees Avoid, Recover from Drug Addiction

Belden Inc., a manufacturer of electronic networking equipment based in St. Louis, Missouri, faces the same labor market issue as most other industrial employers in the Midwest, including the challenge of hiring and retaining workers for safety-sensitive roles in places where opioid addiction has reached epidemic proportions. Belden’s CEO John Stroup is taking an innovative approach to tackling the opioid problem at his company’s factory in Richmond, Indiana, where this past winter, one in ten applicants failed their drug tests, as did several people already employed there. At CNN Money last week, Lydia DePillis profiled Stroup’s efforts to give these workers a second chance:

For Stroup, the decision was a simple cost-benefit analysis: How much would it cost to help people get sober in this Rust Belt town of 37,000, compared to what he was losing by not having them available to work? After a few meetings with board members and addiction experts, he came up with a plan. If an applicant or a current employee failed a drug test, but they still wanted the job, Belden would pay for an evaluation at a local substance abuse treatment center.

People deemed to have a low risk of developing an addiction could spend two months in a non-dangerous job before they are allowed to operate heavy equipment again, as long as they passed periodic random drug tests for the rest of their time at the company. People at high risk would spend two months in an intensive outpatient monitoring and treatment program, with the promise of a job at the end if they made sufficient progress. On average, Belden figured it would have to shell out about $5,000 for each person it gave a second chance to.

The experiment started in March and has so far had eight participants. Two at-risk current employees made it through the monitoring period and are back to work, while others are still being evaluated. It will take a few more months to see if the program really works, but the few Belden employees who spoke to DePillis said they were heartened to see the company trying to help current and prospective employees with opioid issues recover rather than discarding them.

Read more

Surgeon General Advises Employers to Keep Opioid Overdose Antidote on Hand

Surgeon General Advises Employers to Keep Opioid Overdose Antidote on Hand

Naloxone, commonly sold under the brand name Narcan and available without a prescription in every US state except Nebraska, is an opioid receptor antagonist used to treat overdoses of heroin and other opiates. Delivered via injection or a nasal spray, the drug has been credited with saving many addicts’ lives and has lately been the subject of numerous awareness campaigns in the US urging people who interact frequently with opioid users to have the antidote on hand and know how to administer it.

Last month, US Surgeon General Jerome Adams urged employers to stock naloxone at worksites as well, and train employees on how to use it, Allen Smith reported at SHRM:

“For a heart attack, we train employees how to do CPR until the paramedics arrive,” Adams noted April 19 in Washington, D.C, at Business Health Agenda 2018, a conference sponsored by the National Business Group on Health, speaking about the opioid epidemic. “Why is that not the case with naloxone and Narcan? We need to make these emergency treatments as ubiquitous as knowing CPR and calling for a defibrillator when someone is having a heart attack, or using an EpiPen when someone’s having an allergic reaction.”

Even before the surgeon general’s statement, a few clients of Nancy Delogu, an attorney with Littler in Washington, D.C., made naloxone available at work. They made this decision after employees overdosed on opioids at work. …

Read more

When Halloween Gets Frightful for HR

When Halloween Gets Frightful for HR

The witching hour is upon us, and SHRM’s legal blogger Allen Smith highlights some of the spooky liabilities employers can court with typical workplace Halloween events:

Take an employer that set up a haunted house on its premises in a town that did not have one. The Midwest-based financial services company thought that it was being altruistic, but because of the haunted house’s poor design, a chainsaw-wielding accountant dressed up as Jason Voorhees from the “Friday the 13th” horror movies chased an intern into a wall and she broke her nose. If a company is not in the business of running haunted houses, it should think twice before setting one up, cautioned Philippe Weiss, managing director of Seyfarth Shaw at Work in Chicago.

Even if no one is injured, Halloween events at work are sometimes so over the top that they lead to bad public relations. … Costumes can also pose safety risks at work, so costume guidelines may be in order. In manufacturing settings, there’s a risk of injuries from long flowing costumes, said John McLafferty, an attorney with Day Pitney in Boston.

Halloween events, particularly costume parties, run risks from the perspective of diversity and inclusion as well. As Fortune’s Ellen McGirt observes, some people take their Halloween costumes well beyond the bounds of sensible taste, and are still showing up to work events dressed to offend colleagues and customers:

Read more

OSHA Scales Back on Workplace Fatality Reporting

OSHA Scales Back on Workplace Fatality Reporting

Responding to concerns from the US Chamber of Commerce that its previous reporting standards were unfair to employers, the US Occupational Safety and Health Administration has decided to reduce the amount of information it publicizes about fatalities in American workplaces, the Wall Street Journal reports:

The publication of the reports—listing the names, locations, employers and circumstances of people who were reported to OSHA as having died in apparent accidents at work—began early in the Obama administration. Before that, OSHA did compile some information about fatalities, according to former OSHA officials. But they said Obama administration officials made the reports more publicized and included additional information.

Last week, OSHA removed links to reports going back to 2009 from its website. Instead, the agency posted a more limited set of information about U.S. workplace fatalities that resulted in citations for companies dating back to the beginning of the year. An OSHA spokeswoman said the new fatality-data listing respects the privacy of surviving family members because they don’t give out the name of the worker who died.

The Chamber of Commerce and other business groups had objected to the Obama-era administration’s approach on the grounds that publicizing the details of workplace accidents before they could be investigated risked unfairly tainting companies with reputations as unsafe places to work.

Read more