The discussion on the legalisation of the use of cannabis (let us not use a euphemism like cannabis reform and call it by what it really is) has various facets, least of which is the one related to employment. What does such legalisation (the use of cannabis had already been decriminalised) mean in terms of employment relations?

The use of cannabis at the place of work is prohibited because a place of work is a public place. On the other hand, what can an employer do if an employee presents oneself for work under the influence of cannabis?

To what extent can an employer request a test from the employee to check whether the employee is under the influence of cannabis?

What happens if there is an accident at work and it is found that the employee has been under the influence of cannabis? How will insurance coverage be affected in such situations?

There is also the issue of jobs that are customer-facing. How are the rights of the employer affected if an employee commits one or more mistakes in one’s dealings with customers?

These are all questions that employers have and which they need to address. I do not believe that one can make an argument that it depends on the job.

What happens if there is an accident at work and it is found that the employee has been under the influence of cannabis?

There needs to be clarity from the start. The rights and responsibilities of both employers and employees under other legislation, such as the Employment and Industrial Relations Act and the Occupational Health and Safety Act, remain and are not subject to the law legalising cannabis.

To my mind, the answer should be very clear – employers need to put policies and procedures in place to safeguard their business in the interest not just of themselves and their shareholders, but also in the interest of the other employees and their customers.

I believe that this is no different to other problematic areas like when an employee who presents oneself for work under the influence of alcohol (in the case of cannabis, it may be more difficult because it is not so evident that one is under the influence of cannabis as in the case of alcohol).

One can also mention other problematic areas such as the use of a mobile phone for personal reasons during work, or the use of a company’s e-mail address for personal reasons, or the use of social media against the interests of one’s employer.

Those employers who did not have clearly laid-out policies on these issues have learnt at their own expense that their hands were tied and could not take the disciplinary action they needed to take. Therefore, employers cannot brush aside the cannabis issue as they could be facing problems later on.

As far as I am concerned, it is really the choice of the individual whether one wants to harm oneself and abuse of cannabis. However, would any parent want their child to have a teacher who abuses of the substance, or to be served by a nurse or doctor at hospital who is under the influence?

These are practical employment issues that employers have to face as a result of the law. Only clear policies which set the rules for employees can address these issues.