Written by: Brian Bell (Workplace Safety Consultant)
With legalized marijuana approaching, we were wondering if you can ask employees to disclose if they’re using a prescription drug that could impair their ability to work safely.
It depends on who, how and why you ask and how you use the information. Explanation:
Normally, asking employees which prescription meds they use, including but not limited to marijuana, is a form of disability discrimination banned by human rights laws. But such questions are okay if:
- They’re directly related to job performance;
- The job is safety-sensitive;
- You limit the question to drugs that cause impairment;
- You don’t ask for the drug’s name or medical condition the employee takes it for; and
- You keep the information private and confidential.