James Menzies
The Canadian trucking industry is beginning to wake up to
the fact that marijuana use – legally or otherwise – among truck drivers
is an issue that needs to be addressed.
Even before Justin Trudeau won the
federal election in October, having already hinted at the complete
legalization of marijuana, Canadians have been using marijuana for
medical reasons in increasing numbers.
In fact, Health Canada projects
450,000 Canadians will be using medical marijuana by 2024. If you don’t
think there’ll be truck drivers among them, you’re smoking something
more potent than pot.
If you think your truck drivers won’t be among them, well, what have you done to ensure that?
The guidelines around the use of of medical marijuana in
Canada are hazy at best. (In the US they’re black and white – don’t do
it. US regulations categorize marijuana as a Schedule 1 narcotic
regardless of whether or not a doctor approves).
But what about domestic drivers in Canada? Should they be
allowed to operate a commercial vehicle when using medical marijuana
while off-duty? The College of Family Physicians of Canada says patients
shouldn’t drive until more than four hours have passed since
inhalation. But Health Canada says impairment can last up to 24 hours.
So what gives?
Employment laws in Canada tend to favour
the employee. If a driver tells you he or she is using prescription
marijuana while off-duty, do you allow that driver to continue driving
within Canada or do you give them a desk job? Do you have enough desk
jobs available? If you fire them outright, you may have a human rights
complaint on your hands.
To further complicate matters, there’s currently no test
available that measures impairment. Tests in use today only determine
past use.
If Trudeau comes through with his plan to legalize
marijuana, recreational use could soar as well. You may see a surge of
applications for domestic driving jobs while fewer are prepared to run
cross-border, depending on how these drivers like to spend their
weekends.
Recently, the Private Motor Truck Council held two seminars
that explored this issue in detail, featuring Dr. Barry Kurtzer of
DriverCheck. You can read a wrap-up of his seminar from Truro, N.S. on
pg. 26.
The key take-away was, your company needs
to develop and implement a medical marijuana policy. And it should be
developed with the input of qualified legal counsel.
Whether or not you agree with the use of marijuana is
beside the point. Its use is going to increase – both medically and
recreationally – and some clear guidelines need to be in place. And
don’t look to the government or medical authorities for clarity.
Trying
to sort through the vague and often contradictory guidance from bodies
such as Health Canada and The College of Family Physicians will leave
you feeling dazed and confused.
No comments:
Post a Comment