All Posts By "Nix" (Total Posts: 944)

The German DPAs Will Start Random GDPR Audits

Random audits soon will be conducted by the Data Protection Supervisory Authorities (DPAs) for the German states of Lower Saxony and Bavaria. In July 2018, the DPA reached out to 50 companies with a questionnaire that included General Data Protection Regulation (GDPR) topics. Upon review of the answers, the DPA may then carry out additional ...

Canada: Zero Tolerance Policies and Medicinal Marijuana

Employers are searching for answers regarding the upcoming legalization of marijuana for recreational use. Although employers have a legal duty to accommodate workers who are addicted to marijuana in the same manner as those addicted to alcohol and other substances, a zero tolerance policy still is permissible for those in safety sensitive positions. The plaintiff ...

The Legalization of Recreational Marijuana Does Not Translate into a Free-for-All in the Workplace

The Cannabis Act (the Act) came into force on Oct. 17, 2018, creating a legal framework for the recreational use of marijuana. Its legalization does not provide employees with a right to use marijuana in the workplace and employers have the right to establish policies pertaining to the use and possession of the drug at ...

Tailored Pre-Employment Testing Given the Green Light

The employer in BC Hydro and Power Authority and- International Brotherhood of Electrical Workers, Local 258 implemented a pre-employment drug and alcohol testing requirement for new applicants applying for safety-sensitive positions under the hiring hall provision of the collective agreement. The union grieved the pre-employment testing and the employer agreed that a labour arbitrator had ...

If Employees Are Impaired by Cannabis at Work, Can We Terminate Them?

Although employers may have just cause to terminate an employee based on an instance of impairment, employers must consider whether they are discriminating against an individual who has been prescribed medical marijuana for a disability. Considerations include whether the impairment is somehow connected to a disability or if the person is addicted to cannabis, which ...

Does an Employee Have a Duty to Disclose Medical Cannabis Use to an Employer?

Although there is no overarching legal requirement or principle that workers must disclose the use of medical cannabis to their employer, it remains unclear whether workers have a duty to disclose such information under the Occupational Health and Safety Act (OSHA). Requirements likely will be determined by the type of medical marijuana being consumed as ...

Can We Implement Random Cannabis Drug Testing?

Although the courts may permit random testing in dangerous workplaces, doing so is only permitted when such testing is a proportionate response that considers legitimate safety concerns and privacy issues. The courts have not yet ruled that employers can randomly test for marijuana use or other drug and alcohol use. In Irving Pulp Paper ...

Conducting a Police Record Check? What You Need to Know for November 1

Beginning November 1, 2018, the Police Record Checks Reform Act, 2015, will regulate the process and contents of police records checks. Consent will be required at two stages: one to conduct the check and one to disclose the results. This applies to criminal record checks, criminal record and judicial matters checks and vulnerable sector checks. ...

The Legalization of Recreational Marijuana Does Not Translate into a Free-for-All in the Workplace

Although marijuana was legalized for recreational use on October 17, 2018, employees do not have a right to use the drug in the workplace. In fact, employers still have the right to establish policies pertaining to the use and possession of marijuana at work, which is important in safety-sensitive positions. Employers should update existing drug ...

Cannabis Legalization: A Reference Guide for Employers

Cannabis became legal for recreational purposes in Canada on October 17. Quebec employers would be wise to become familiar with applicable laws and regulations concerning cannabis, as well as the main legal restrictions. These include: The sale, production and trafficking of dried cannabis by individuals remains illegal; in certain cities and municipalities, consuming cannabis in ...