Cannabis consumption has been legal for several years now. At work, however, specific rules apply and you can expose yourself to sanctions, should you choose not respect them. Here’s what you need to know about cannabis use on a construction site.
What are my responsibilities as a worker when it comes to cannabis in the workplace?
A worker must not work if they endanger their own health and safety or that of other persons by reason of their being impaired by alcohol, drugs, including cannabis, or any similar substances (Source: Section 49 of the Act Respecting Occupational Health and Safety).
On a construction site, the condition of a worker who is impaired by cannabis automatically represents a risk. This means that you cannot do any work on a site if you are under the influence.
Some drugs may also impair a person’s ability to drive equipment. Follow your doctor’s recommendations if you operate machinery on a construction site.
What are the possible penalties if I use cannabis at work?
In the event of non-compliance with the employer’s directives about cannabis use at work, disciplinary measures can apply.
Furthermore, any breach of regulations, including cannabis intoxication at work, can result in criminal prosecution by the CNESST.
If I have an accident or work-related injury, does CNESST reimburse cannabis?
Yes. The Commission des lésions professionnelles and the Tribunal administratif du travail (TAT) started recognizing cannabis as a refundable drug for workers who had suffered industrial accidents even before it was legalized (Source: Section 189, paragraph 3 of the Act Respecting Industrial Accidents and Occupational Diseases).
However, certain conditions must be met if cannabis is to be reimbursed. Cannabis must be prescribed by a health care professional chosen by the worker, who has examined them and drawn up a treatment plan. As of August 2023, specialized nurse practitioners are also considered health professionals for the purposes of work-related accidents. Cannabis must be obtained from the Société québécoise du cannabis (SQDC).
If you have any questions about your use of cannabis, alcohol or other drugs, please don’t hesitate to reach us. Your union consultant can answer your questions and give you the tools you need to reduce or stop your drug use.
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