Canada: Union Fights For Mine Worker's Right To Use Medical Marijuana

Robert Celt

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Canada is moving to legalize marijuana, but Saskatchewan businesses may be slower to accept it in the workplace.

A recent case pits mining company Mosaic against an employee at its Colonsay potash mine. The worker had a prescription and uses medical marijuana for anxiety and headaches.

When the employee disclosed he was using marijuana – after hours and at home – Mosaic suspended him, saying it was a violation of the company's drug and alcohol policy.

Late in 2014, the company told the man he would have to give up pot and be tested for drugs before he could come back.

The worker discontinued his marijuana use and returned to work, but his union filed a grievance, alleging discrimination.

That dispute continues. As a preliminary matter, an arbitrator had been looking at the extent to which the employee has to turn over his medical records to the company.

"At issue in this grievance is whether the employer can discipline an employee for violating its drug and alcohol policies regarding marijuana use if such treatment has been prescribed by a medical doctor and authorized by the federal government," the recently released decision from arbitrator William Hood said.

Company accused of trying 'fishing expedition'

Mosaic said it needs the records to know more about the employee's medical condition and to decide whether another treatment that doesn't involve marijuana can be tried.

The union says the company is just on a fishing expedition and that the company disciplined the welder because he had a medical marijuana certificate.

Earlier this month, Hood decided the employee doesn't have to disclose all his medical records, just the ones that touch upon proposed treatment for his condition.

With that matter settled, the dispute returns to the main question: whether companies with anti-drug policies and medical marijuana users can peacefully coexist.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Canada: Union Fights For Mine Worker's Right To Use Medical Marijuana
Author: CBC News
Contact: CBC News
Photo Credit: Chris Seto
Website: CBC News
 
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