Although the use of non-medical cannabis in the workplace can be compared to the use of alcohol, the approach differs when the use of cannabis is for a medical purpose. An employer has a duty to accommodate an employee’s disability, but employees cannot claim the right to be impaired and create any risk at work. In other words, the duty to accommodate is limited. While administering drug testing to ensure that safety regulations are met seems like the logical response, doing so is an infringement on an employee’s right to protection of privacy, as well as a violation of the Human Rights Code.
