Monday, November 05, 2018

NO SMOKING in the Workplace - Including Cannabis


 

 



 

Workplaces in Ontario are required to post No Smoking signs prohibiting smoking of tobacco, cannabis (including medical cannabis), and electronic cigarettes.

 

The Smoke-Free Ontario Act, 2017 prohibits smoking or vaping in enclosed workplaces – even when the workplace is closed.

 

Enclosed workplaces includes any part of a building, structure or vehicle with a roof that an employee works in or visits, even during off-hours including:


  • Office building
  • Trailer office on a construction site
  • Delivery truck
     
    Employers Must Post Signs
     
    Employers and proprietors of an enclosed workplace are required by law to post signs at each:
     

  • Each entrance
  • Exit
  • Washroom
     
    You can post a 2 signs for tobacco and e-cigarettes OR just one combined sign. Order your signs from your local public health unit or download them.
     
    There are other legislated posting requirements in the workplace including employment standards and health and safety. To learn more about statutory requirements for Ontario employers, please contact us at Dale & Lessmann LLP. For more information concerning workplace rules for the use of recreational and medical cannabis, see my previous blog entitled Marijuana in the Workplace – Are You Ready?
     

November 5, 2018

*****
Christina J. Wallis is a Partner lawyer practising civil litigation with a focus in Employment Law at Dale & Lessmann LLP, Toronto, Ontario, Canada, a full service business law firm. To speak to Christina please call 416-369-7832 or send an email message to her at cwallis@dalelessmann.com.

Monday, August 13, 2018

Marijuana in the Workplace – Are You Ready?

Copyright: David Holm 123RF Vector


The federal government is legalizing recreational use of marijuana/cannabis effective October 17, 2018 – the Cannabis Act (Bill C-45). Ontario’s Cannabis Act, 2017 will govern the details of legalization including purchasing, possessing, and using cannabis. Until then it remains illegal other than for authorized medical or research purposes.

There are different rules for recreational cannabis and medical cannabis.

General rules for recreational cannabis in Ontario:
  • ·         You can possession a maximum of 30 grams (approximately 1 oz.) of dried cannabis in public at any time.
  • ·         You must be 19 or over to possess, consume, attempt to purchase, purchase or distribute cannabis.
  • ·         Ontario Cannabis Store is the only store that can legally sell recreational cannabis and must follow strict rules set by the federal government
  • ·         Can grow up to 4 plants per residence (not per person). You can purchase seeds and seedlings from the Ontario Cannabis Store.


Cannabis in the Workplace

Legislation
Workplace
Motor Vehicles
Cannabis
Cannabis Act, 2017[1]
Prohibited to consume
s.11(1)(b)
Prohibited to consume
s.11(1)(c)
Smoking Cannabis
Smoke-Free Ontario Act, 2017[2]
Prohibited:
Smoking lighted tobacco, medical cannabis, and electric cigarettes are prohibited in enclosed workplace
s.12(1), (2)

Medical Cannabis
Cannabis Act, 2017
And
Smoke-Free Ontario Act, 2017
May be used in workplace subject to prohibitions set out in Smoke-Free Ontario Act, 2017
s.11(2)[3]
Prohibited to smoke cannabis, have lighted medical cannabis, use an electronic cigarette containing medical cannabis or have an activated electronic cigarette containing medical cannabis in a motor vehicle
s.17(1)(e) Smoke-Free Ontario Act, 2017
s.7 Places of Consumption, O.Reg 325/18 [not yet in force]

Medical Cannabis
Employee Rights
Prescription/Info.
Accommodation
Generally
Medical cannabis may be consumed in a public place, workplace, vehicle or boat, or any prescribed place subject to prohibitions set out in the Smoke-Free Ontario Act, 2017.
ss. 5 and 11(2) of Cannabis Act, 2017.

The only way to purchase medical cannabis is from a federally licensed producer online, by written order, or over the phone and delivered by secure mail.

In the Workplace
A prescription for medical cannabis does not entitle an employee to:
·         Be impaired at work
·         Compromise his/her safety and the safety of others
·         Smoke in the workplace
·         Unexcused absences or late arrivals

Authorized users of medical cannabis do not have to tell their employer about it unless they are:
·         In a safety-sensitive position
·         Seeking accommodation in the workplace for consumption of medical cannabis
In the event that an employee has requested accommodation to consume medical cannabis during hours of employment, then the employer should request the employee provide the following information from his/her health care professional who has prescribed the medical cannabis[4]:
·         Copy of prescription
·         Confirmation that the medical cannabis is required to treat a disability or illness
·         Confirmation that it is necessary for the employee to medicate while at work
·         Details of usage, including:
o   Frequency of use
o   Amount to be used
o   Method of ingestion
o   Strain/type of medical cannabis
o   Whether there is a strain/type of medical cannabis that is more suitable for consumption in the workplace
·         Whether consumption of the medical cannabis will cause impairment
·         Whether the consumption of medical cannabis will influence the employee’s cognitive ability or judgment
·         Whether there are any side effects of the medical condition being treated with the medical cannabis that should be considered
·         When the employee is expected to get better and no longer requires the use of medical cannabis
Once an employee has requested accommodation for the use of medical cannabis in the workplace and has provided the requested information, employers should consider what accommodation may be provided to the employee in order to use medical cannabis while at work which may include the following:
·         Moving the employee out of a safety-sensitive position
·         Providing breaks that permit the required use of the medical cannabis
·         Implementing alternative scheduling
·         Altering employee’s duties
·         Designating a location where the employee can use medical cannabis during working hours[5]

Workplace Policies

Employers should review their workplace policies to ensure the following:

1.     Drug and Alcohol Policy includes cannabis and expectations when an employee states or there is an observation that the employee has a substance abuse problem.
2.     Smoking Policy deals with a definition of the types of smoking products prohibited in the workplace and what an employee should do when seeking accommodation in the workplace for the use of medical cannabis.
3.     Accommodation Policy is inclusive of medical cannabis use in the workplace for the treatment of a disability or illness.
We at Dale & Lessmann LLP are pleased to assist you with your questions concerning cannabis in the workplace. We can assist you in creating or modifying your workplace policies in respect of drug and alcohol, smoking, accommodation, and other workplace policies.

August 13, 2018
*****
Christina J. Wallis is a Partner lawyer practising civil litigation with a focus in Employment Law at Dale & Lessmann LLP, Toronto, Ontario, Canada, a full service business law firm. To speak to Christina please call 416-369-7832 or send an email message to her at cwallis@dalelessmann.com.


[1] SO 2017, c26, Sch 1 [not yet in force].
[2] SO 2017, c26, Sch 3 [not yet in force].
[3] But note that smoking medical cannabis is prohibited in enclosed workplace and enclosed public places. Also note that smoking and consuming medical cannabis is permitted in a public place that is not prohibited under the Smoke-Free Ontario Act, 2017. So essentially, employees who require accommodation to smoke medical cannabis may be permitted to smoke it in an outside location dedicated to smokers (but recreational smoking of cannabis is not prohibited).
[4] The process for a person to access medical cannabis can be found at the Government of Canada’s website.
[5] See note 3.

Wednesday, May 09, 2018

REVERSAL -- Statutory Public Holiday Pay Calculation

Copyright: convisum/123RF Stock Photo

On May 7, 2018, the Ontario government announced that it is reinstating the former public holiday pay calculation beginning on July 1, 2018. While the new pay calculation will still apply to the upcoming May 21 statutory public holiday, the old calculation will again be in effect for the July 1, 2018, statutory holiday.

I received numerous inquiries following my blog post on the new calculation for public holiday pay effective January 1, 2018, expressing concerns of the unfairness of the new calculation. I encouraged many of you to let the Ministry of Labour and your local member of parliament know of your concerns. It is encouraging to know that your concerns were heard, considered, and affected change.
Here is a comparison of the calculations:

Previous Calculation
reinstated on July 1, 2018

New Calculation
CANCELLED

Total amount of regular wages earned and vacation pay payable to the employee in the 4 weeks before the work week in which the public holiday occurred ÷ 20.
Total amount of regular wages earned in the pay period immediately before Jan. 1, 2018
÷ number of days employee worked in that period.


*****
Christina J. Wallis is a Partner lawyer practising civil litigation with a focus in Employment Law at Dale & Lessmann LLP Toronto, Ontario, Canada, a full service business law firm. To speak to Christina please call 416-369-7832 or send an email message to her at cwallis@dalelessmann.com.

Tuesday, May 01, 2018

NEW ROUND OF WORKPLACE INSPECTION BLITZES April 1, 2018 to March 31, 2019




The Ontario Ministry of Labour regularly conducts workplace inspection blitzes. Each year the Ministry announces the focus of its blitzes and initiatives and posts the schedules online. However, individual workplaces do not receive advance notice of an inspection. The purpose of Ministry inspections is to ensure compliance with employments standards and health and safety.

Employment Standards

Industries with a history of violations or workplaces with vulnerable workers such as young or foreign workers are the usual targets of safety blitzes. The focus is usually on standards regarding:
·         minimum wage
·         hours of work
·         overtime pay
·         public holidays
·         paid vacation

During the previous employment standards inspection blitz, the Ministry conducted 1,654 field visits and visited 1,442 workplaces. The ministry issued 5,516 orders and requirements under the Occupational Health and Safety Act and its regulations, including 206 stop work orders. The Ministry has the power to issue compliance orders and fines.

Employment Standards

The next round of workplace employment standards inspection blitzes include the following:

Business Type
Ontario Location
Dates
Construction
Ontario
May 1 to Aug 31, 2018
Smaller/independent retailers
Central East
Sep 1 to Dec 31, 2018
Retail trade (non-restaurant or grocery stores)
Central West
Oct 1 to Jan, 2019
Small retail/grocers
Eastern
Jun 1 to Sep 28, 2018
Hotel/motel accommodations
Northern
Aug 1 to Oct 31, 2018
Golf courses
Western
Jun 1 to Sep 30, 2018

Health and Safety

Ontario businesses can expect the following health and safety blitzes:

Blitz Focus
Ontario Location
Dates
Working at heights – fall protection training
Ontario
Phase 1:  May 1 to May 31, 2018
Phase 2: Jun 1 to Jun 30, 2018
Reversing Equipment on construction projects
Ontario
Phase 1:  Sep 1 to Sep 30, 2018
Phase 2: Oct 1 to Oct 31, 2018
Industrial – new and young workers
Ontario
May 1 to Aug 31, 2018
Industrial – machine guarding
Ontario
Feb 1 to Mar 29, 2019
“Big Box” retailers
Ontario
Oct 1 to Nov 23, 2018
Construction – internal responsibility system
Ontario
Jun 1, 2018 to Mar 31, 2019
Industrial – internal responsibility system – newly registered small businesses
Ontario
Apr 1, 2018 to Mar 31, 2019
Health Care – internal responsibility system – workplace violence prevention
Ontario
Phase 1: Apr 1, 2018 to Mar 31, 2019
Phase 2: Jul 1, 2018 to Mar 31, 2019
Health Care – high hazards
Ontario
Apr 1 to June 30, 2018
Chemical manufacturing, chemical handling
Ontario
Apr 1, 2018 to Mar 31, 2019
WHMIS
Ontario
Apr 1, 2018 to Mar 31, 2019
Ergonomics related to falls (ladders, stairs, access platforms)
Ontario
Apr 1, 2018 to Mar 31, 2019
Musculoskeletal disorder prevention in metal fabrication
Ontario
Apr 1, 2018 to Mar 31, 2019
Municipalities
Ontario
Phase 1: Apr 1, 2018 to Mar 31, 2019
Phase 2: Apr 1, 2019 to Mar 31, 2020
Industrial & construction workplaces that use temporary help agencies
Central East
Apr 1, 2018 to Mar 31, 2019
Road construction projects
Central West
May 1 to 31, 2018
Temporary labour agencies
Central West
Jun 1, 2018 to Mar 31, 2019
Chainsaw operation and maintenance
Eastern
Apr 1, 2018 to Mar 31, 2019
Quarry blasting operations
Eastern
May 1, 2018 to Mar 31, 2019
Utility work
Eastern
May 1 to August 31, 2018
Sawmills, etc.
Northern
May 1, 2018 to Mar 31, 2019
Golf courses
Western
Apr 1, 2018 to Mar 31, 2019
Temporary and foreign workers
Western
Apr 1, 2018 to Mar 31, 2019
Hotels
Western
Phase 1: Apr 1, 2018 to Mar 31, 2019
Phase 2: Apr 1, 2019 to Mar 31, 2020


For more information and to determine whether your business or industry will be subject to workplace inspection blitzes or initiatives go to the Ministry’s website.

The employment lawyers at Dale & Lessmann LLP would be pleased to speak to you regarding your company’s statutory compliance requirements as well as any other employment and business related issues.
*****
Christina J. Wallis is a Partner lawyer practising civil litigation with a focus in Employment Law at Dale & Lessmann LLP Toronto, Ontario, Canada, a full service business law firm. To speak to Christina please call 416-369-7832 or send an email message to her at cwallis@dalelessmann.com.