Legalisation and Workplace Responsibilities
Medical marijuana (also known as Medical Cannabis) was legalised in Australia in 2016, and this means that workplaces need to manage the risk for employees who have been prescribed medical cannabis.
Privacy, Employee Rights, and Legal Considerations
Management of these drugs needs to take into account the privacy and dignity of employees regarding their personal medical situation. Remember that the Fair Work Act 2009 prevents employers from discriminating against workers with a disability or medical condition, even when complying with a work health and safety duty.
But employers also need to balance this with their obligations under the OHS Act to provide a safe workplace environment for all employees.
Treating Medical Cannabis Like Other Prescription Medications
As Health & Safety Consultants, we recommend that medical cannabis is treated like any other prescription medication that may have impairment effects on the employee. You should also consider including other drugs such as MDMA, psilocybin, and ketamine, which are being increasingly prescribed for various health conditions.
Workplace Policies and Employer Responsibilities
1. Implement a Workplace Drug and Alcohol Policy
Have in place a Workplace Drug and Alcohol Policy that includes coverage for medicinal cannabis and other prescribed drugs of impairment (see some guidance from Safe Work here:
Safe Work NSW – Alcohol and Other Drugs).
Excite Safety can assist with creating policies and procedures.
2. Employee Responsibility to Seek Medical Advice
Employees need to ask their doctor about the effects any prescribed medication may have on their work. If they will affect their ability to work, they need to discuss this with their manager.
3. Conduct Workplace Risk Assessments
Employers should complete a workplace risk assessment procedure to address concerns about the impact of prescribed medications on an employee’s fitness for work and their ability to carry out specific tasks required by their employment.
4. Maintain a Consistent Approach to Workplace Safety
Employers should adopt a consistent approach as to how the workplace manages drugs and other risks (such as fatigue) that may impact the way employees safely carry out their duties. This may include:
- Changing testing techniques
- Providing time off
- Offering alternate or modified duties
- Increasing supervision
Refer to this article for some helpful information on recommended testing options:
Norton Rose Fulbright – Workplace Drug Testing.
Additional Resources
Refer to the Therapeutic Goods Administration (TGA) for more information on medical cannabis. Also, check with your state/territory authority for additional information on the rules regarding medical cannabis in your state.
