I currently am working for an american company in kenora ontario. And since the law changes with cannabis they are still

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Customer: I currently am working for an american company in kenora ontario. And since the law changes with cannabis they are still trying to say thc cannot be present in my system, even thou i have a medical prescription and do not use during work hours or 8 hours before work
JA: Are you hourly or salaried? Are you part time or full time?
Customer: Fulltime hourly been there 8 years
JA: Have you talked to an Ontario lawyer about this issue?
Customer: No I have just be3n sent home for my safety cause i am currently doing an opiod reduction with my doctor and i was complainjng about some mild withdrawl sysmptoms. Ie diarrah and irritable.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not sure what they need to know lol
Answered by Debra in 17 hours 2 years ago
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Customer
Ok
Customer
Work asked for a letter from my doctor stating that the medication I was on would not leave me in paired to operate equipment. My doctor sent a letter stating she was not at my employment to assess impairment. Today date there has been no complaints about impairment from any supervisors I am currently off work with pay from Weyerhaeuser while their legal departmentin washington decides next steps
Customer
I have been on this same medication for more than 10 years, and now that i am reducing the amount they want to keep me off. What r my rights for testing and impairment in ontario? I currently have not been drug tested by my employer.
Customer
U have a meeting with hr tomorrow at 1PM
Customer
I not u
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear of this difficult situation.

Are you in a union?

Customer
We r non union
Customer
I have a meeting with hr today at 1pm to discuss next steps. I just want to knkw what my rights r
Customer
My positionnbis considered a safety sensitive position also
Customer
I do have a copy of the doctors note i had to supply if u want it
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Debra, Expert

I do not need to see the note.

If the doctor is able to assure the employer that this medication does not cause you to put yourself or anyone ever ask employer should be satisfied that you can work safely while on this medication.

From what I understand from your post your doctor is not prepared to say that. Whether cannabis is legal or not is not the issue. For example alcohol is legal and you cannot come to work impaired by alcohol so that argument has no relevance.

What is relevant is that this is a medically necessary medication so the employer has to provide you with a reasonable accommodation so if they can accommodate you while on the medication they must.

But if they don't have proof that you can be accommodated safely then you won't be able to work in the same position. That would mean that they have to provide you with a different position as part of their duty to accommodate you unless doing so will cause them to undergo undue hardship.

If they refuse to do this and this is a breach of the human rights code and you can file a complaint with the human rights Tribunal.

Does that clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
I guess part of my question is they only test for substance in your system with a swab and a urine sample did you not test for impairment which my understanding would be a blood test is that not correct
Customer
The problem with marijuana seems to be that it is in your system for 8 weeks but it does not cause impairment for 8 weeks they are only testing for whether it is in your system in Canada it's illegal substance and they don't pay us 24 hours a day so how can they dictate what I do on my off hours whether it's a prescription or not
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Debra, Expert

There is no way to test for cannabis impairment and that is on of the problems in every area of the law, from working to driving.

You are 100% correct.

So you can make it clear that you are never impaired, you never consume cannabis in any form when you are working but only on your days off and if the continue you will file a complaint with the Human Rights Tribunal.

Customer
Ok thank u very much that has been my point about impairment. If the police want to charge me with impairment they cant just swab me. And say i have used in the last 24 hrs. So i am impaired
Customer
I believe 100% that no one should be at work impaired and I have stated that at work
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Debra, Expert

I do suggest that at the meeting you mention the Human Rights Tribunal. They don't want to face a complaint.

Customer
Ok all i was told about this meeting was it was tondicuss next steps which concerns me
Customer
I have been sitting at home getting my full pay for 2 weeks now.
Customer
But i am worried aboutt my job and that is stressful
Customer
thank you again for the advise
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Debra, Expert

I can well understand that. I am so sorry.

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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