With the rising growth of medicinal cannabis use in Australia, it’s likely more people are putting their jobs at risk without knowing. More importantly, they could be putting their safety, and the safety of their colleagues, at risk in the process.
In this blog, we’ll look at the importance for workers to understand their workplace’s drug and alcohol policy and know what workplace drug testing is being carried out. Many employees believe that using drugs like medicinal cannabis under prescription won’t affect their job security. However, as a recent case before the Fair Work Commission (FWC) illustrates, this isn’t always the case.
We’ll also look at the issue from the workplace perspective. We’ll explain how workplaces can protect themselves from the impact of prescribed medicines like medicinal cannabis. We’ll also use the FWC case to highlight things that every safety-critical workplace should be doing.
The impact of medicinal cannabis on workplace drug testing
You might be wondering what the issue is? If you’re taking medicinal cannabis on prescription how on earth does this impact your work?
The issue is that most cannabis – medicinal or not – contains the psychoactive cannabinoid tetrahydrocannabinol (THC), which affects brain receptors and produces a ‘high’. Along with euphoria, THC can impair memory, slow reflexes, increase heart rate and cause anxiety or paranoia. This makes individuals with THC in their system more prone to workplace accidents. It also makes them likely to fail drug testing, which screens for THC.
Cannabis also contains cannabidiol (CBD) which unlike THC is not psychoactive. However, medicinal cannabis prescribed in Australia can vary in THC and CBD content, but no product is 100% CBD, meaning all contain some THC.
Key messages for employees about medicinal cannabis
While some workplaces have policies that make allowances for medicinal cannabis use, others – particularly those in safety-sensitive industries – may have significant consequences. Some may even have a strict zero-tolerance approach.
Here are some key messages for employees:
- Understand your workplace’s drug and alcohol policy, particularly if you’ve been prescribed medicinal cannabis or another drug such as ADHD medication. This is especially important if you’re working in an industry which is safety critical and conducts workplace drug testing.
- Discuss the potential effects of your medication with your doctor. Ask them if you are safe to drive or go to work?
- While you may not be obligated to disclose personal information (it will depend on your workplace’s policy) it’s a good idea to talk to your employer if you’re taking medicinal cannabis. Sharing this can help you understand your employer’s policy on prescription medications, assess any potential job impacts and explore ways to manage the situation.
- If you don’t disclose, you could leave yourself open to consequences if you fail a workplace drug test, potentially including dismissal.
A case study: Dismissal over medicinal cannabis use
A recent case before the Fair Work Commission highlights how serious these situations can become. The case focussed on a worker who had been dismissed after testing positive for THC. The worker was seeking to have the dismissal overturned.
The worker argued his positive drug testing result was due to his use of prescribed medicinal cannabis. He believed he had allowed sufficient time between consuming the medicine and starting his shift and he thought he was not impaired at work.
The employer in the case argued that the dismissal was justified for several reasons. Most notable were the fact that the employee was working in a high-risk environment and the company had a longstanding drug and alcohol policy that had been regularly communicated with the workforce.
In addition, they argued the termination wasn’t based on whether the worker was impaired at the time of testing but rather on his failure to comply with the policy. This was due to his non-declaration of his prescription and by attending work with elevated levels of a prescribed substance.
The FWC ultimately found in favour of the employer, concluding that the dismissal was not harsh, unjust or unreasonable.
Key messages for employers
- The FWC case reinforces the importance of having a clear and comprehensive drug and alcohol policy in place, particularly for employers in safety-critical industries.
- The policy should include your stance on not just illegal drugs, but also prescribed medications like medicinal cannabis.
- Your policy needs to be fair and just. For example, the role and the workplace need to be safety critical in order to have a zero tolerance drug and alcohol policy.
- Communication of your policy is vital. It’s no use sitting on the shelf. Communicate the details of your policy through various channels, including inductions, email updates, toolbox meetings and workplace bulletins.
Source: You can read the full Fair Work Commission finding and further details about the case highlighted in this blog on the FWC website.
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Taking medicinal cannabis? Know your workplace’s drug policy — it could cost you your job even if you do have a prescription.