Canada: Medical Marijuana Found To Be Undue Hardship In Safety Sensitive Positions - The Problem Of Residual Impairment

The Arbitrator in Lower Churchill Transmission Construction Employers' Association and IBEW, Local 1620 dismissed a grievance on April 30, 2018 concluding:

The Employer did not place the Grievor in employment at the Project because of the Grievor's authorized use of medical cannabis as directed by his physician. This use created a risk of the Grievor's impairment on the jobsite. The Employer was unable to readily measure impairment from cannabis, based on currently available technology and resources. Consequently, the inability to measure and manage that risk of harm constitutes undue hardship for the Employer.

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