As the use of medicinal cannabis becomes more prevalent in Australia, it is crucial for both patients and workplaces to understand the implications of its use, particularly concerning driving and occupational safety. Navigating the legal and safety aspects of medicinal cannabis requires informed decision-making and clear communication between healthcare providers, employers, and employees.
Driving and medicinal cannabis: The role of general practitioners
The Royal Australian College of General Practitioners (RACGP) has recently released new guidelines to assist healthcare professionals in advising patients who are prescribed medicinal cannabis and wish to drive.
In Australia, it is illegal to drive with any detectable amount of delta-9-tetrahydrocannabinol (THC) in the system. This is because THC can impair cognitive and motor functions, increasing the risk of accidents.
Most Australian states and territories enforce a zero-tolerance policy for any detectable THC in roadside drug tests (although Victoria has made a small yet important change to laws). This zero-tolerance policy means that even patients with a valid prescription can face consequences if THC is detected during roadside drug testing.
The RACGP emphasises the importance of thorough discussions between general practitioners and patients regarding the potential impact of medicinal cannabis on driving abilities. These conversations should occur early in the treatment planning process to ensure patients are fully informed of the legal and safety risks.
The guidelines recommend that GPs assess the patient’s driving needs and consider prescribing cannabidiol (CBD)-only products when appropriate, as CBD does not impair driving and is not tested in roadside screenings.
However, if THC-containing products are deemed necessary for treatment, GPs should advise patients to refrain from driving.
Medicinal cannabis in the workplace: Ensuring safety and compliance
It’s not just on the roads that the increasing use of medicinal cannabis present challenges.
The RACGP guidelines also highlight that THC-containing products are contraindicated for individuals in safety-critical occupations, such as commercial vehicle drivers and those operating heavy machinery. To broaden this further, this could apply to anyone who has a safety-critical role in a workplace.
For employers, it’s vital they manage the potential risks associated with employees using medicinal cannabis as part of their duty of care to maintain a safe working environment. For employers, the best starting point is implementing comprehensive policies and procedures – in consultation with employees.
Developing clear policies and procedures and implementing education
Employers should establish clear, written policies regarding the use of medicinal cannabis and other prescribed substances that can cause impairment. These policies should outline the expectations for employees, the process for disclosing medicinal cannabis use and the procedures for assessing fitness for work. Key components of an effective policy include:
- Employees should be encouraged to disclose their use of medicinal cannabis, especially if their roles involve safety-sensitive tasks. This disclosure enables employers to assess any potential risks and make necessary accommodations or adjustments.
- Workplaces should implement procedures to assess the potential impact of medicinal cannabis on an employee’s ability to perform their duties safely. This may involve consulting with healthcare professionals and considering factors such as dosage, timing of use and the nature of the employee’s role.
- Regular assessments should be conducted to ensure that employees using medicinal cannabis are fit to perform their duties without compromising safety. These assessments should be objective and based on established criteria.
Educating employees about the points mentioned above and the risks associated with medicinal cannabis is also vital. Most employees want to do the right thing and arming them with the facts will help them do this.
Employee responsibilities: Mitigating risks
Employees who are prescribed medicinal cannabis have a responsibility to ensure their use does not compromise workplace safety or lead to adverse outcomes, such as failing workplace drug testing. To mitigate these risks, employees should:
- Discuss with their prescribing doctor the potential effects of medicinal cannabis on their work performance and any safety concerns related to their specific job functions.
- Familiarise themselves with and follow their employer’s policies regarding medicinal cannabis use and disclosure requirements.
- Be vigilant about how medicinal cannabis affects their cognitive and motor abilities, especially when performing safety-sensitive tasks. If impairment is noticed, they should refrain from engaging in such activities and inform their supervisor.
- Where possible, schedule medicinal cannabis use at times that are less likely to interfere with work responsibilities.
Contact Integrity Sampling for more information
Medicinal cannabis, as well as other prescribed medication, can present unique challenges to workplaces that have safety-sensitive roles.
If you need help in managing the risks of prescribed medications in your workplace, contact Integrity Sampling. Together, we can proactively develop and implement policies, procedures and implement workplace drug testing to ensure the use of prescribed medications do not compromise safety in your workplace.
Note: Find out more about this important subject on our ‘Medicinal cannabis in the workplace’ resource page.
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In most Australian states and territories, it’s illegal to drive with THC in your system, even if you are prescribed medicinal cannabis containing THC. Credit Richard T https://unsplash.com/photos/green-plants-on-white-metal-frame-yovhXPl8V1M
