The legislation in New South Wales allows for the use of medicinal cannabis which may conflict between employer drug and alcohol policies.
Many companies have a zero tolerance for drugs used on site or to be under the influence while at work. However, what measures would an employer need to put in place if an employee is prescribed medicinal cannabis to treat their medicinal condition?
New South Wales passed legislation that makes certain cannabis-based products allowed for medicinal use in appropriate cases; for example, in treating chemotherapy-induced nausea and vomiting.
Under the policy, doctors have to apply to relevant authorities in order to prescribe cannabis-based products. These changes were made with the Poisons and Therapeutic Goods Amendment (Designated Non-ARTG Products) Regulation 2016 (under the Poisons and Therapeutic Goods Act 1966) and came into effect on 1 August 2016. There are no changes to laws criminalising the recreational use of cannabis.
This topic brings forward a range of other issues around the use of legal or even prescription drugs in the workplace.
Drugs, both prescribed and illicit, alter the state of the body and may affect work health and safety. For example, antihistamines are known to cause drowsiness or dizziness which can cause risks when performing certain dangerous tasks.
The risks posed by medicinal cannabis can affect high-risk jobs like manufacturing where workers are operating dangerous machinery. However, drug use, in general, can also cause risks like decreased alertness, impaired judgment, higher staff turnover, and lowered productivity for all workplaces.
Employers have a responsibility to minimise risks within a workplace and should consider changing a policy to take new legislation into account. They are obliged to give high priority to workplace health and safety, so that would underpin any policy. The policy should outline that employees disclose any authorised use of medicinal cannabis and ensure they work with the employer to maintain a safe workplace. These policies should be reasonable and well communicated to all employees.
Responding to a change in legislation around medicinal cannabis would come down to a proper risk assessment and appropriate risk management measures.
Where is medicinal cannabis legal?
Medicinal cannabis use is still illegal at the federal level and is only available through trials and limited special access schemes. However, the laws vary from state to state so make sure to check the rules in the relevant state.
