Employee rights for professional drivers
If you are looking for more information about the rights of a medical cannabis patient as an employee, you need to read on Employee rights for medical cannabis patients Article – commodity.
In this article, Stipe Vuleta Managing Director of Chamberlain The law firm answers questions about CBD and THC and employees who drive for a living. This article is for individuals who have a prescription for legal cannabis and are driving to earn a living.
In this article we cover the following questions:
Before you jump ahead, remember that it is illegal to drive with any THC in your system. In Your System is defined as the presence of THC on a roadside mouth swab test, not an impairment. Read Hemp and driving An article to learn about the laws, the article, and how For a long time cannabis stays in your system For more information about drug testing.
Remember that THC in your mouth has nothing to do with vulnerability. The only way to know if you have THC in your mouth is to get a test done. This is something you may need to discuss with your employer if you decide to talk to them about your cannabis script.
What are the rights of medical cannabis patients who drive their cars to earn a living?
Driving and cannabis use is an interesting area because when considering the rights of employees who suffer from cannabis and who drive for a living, we first have to consider the rules of the road.
It is up to the business owner how he manages the policies and rights of employees in relation to road laws.
“So the first thing to consider is, ‘Do I have THC in my mouth and am I weak?'” If the answer to either of those questions is yes, then the answer is that you shouldn’t drive regardless of whether you’re at work or not.
While we believe the mouth swab approach is not fair and illogical because it is not associated with vulnerability, fairness is not in question.
If the answer is that you won’t be driving and you don’t think you have cannabis in your mouth (or if you’re not sure), the best thing to do is talk to your employer. Your goal should be twofold:
- To ensure that you are not violating any employment policies.
- that you interact with them about the content of the policies.
It is essential that you not only understand the policies, but also ensure that they are consistent with regard to the risks of the activities you undertake and the type of leadership you undertake.
You also need to make sure the policies make sense in the context of your drug consumption, disability policies, and consumption of other harmful drugs that your colleagues might use. Policies must be coherent and fit the job you already do.
What should patients who only take CBD medication do?
If you’re taking CBD isolate, you don’t have to worry about it unless your company tests for CBD, which is highly unlikely. If you decide you want to talk to your employer about it, here’s what you can do.
The answer is twofold, firstly, it comes down to what the employee documentation says and secondly the fact that you are taking a medication that does no harm.
If you operate under a policy that already deals with drugs such as benzodiazepines or opioids, particularly where there may already be regulations in place about the way you and your medical practitioners handle your drugs in relation to other government agencies (such as NSW Roads and Marine Services), then you should You definitely have to deal with your employer.
You can talk to them about the fact that CBD has been found to be harmless and reported by Who is the And in this Clinical study by Australian researchers. You want to make sure that your employer is open to helping you work within the policy in an inclusive manner.
While a policy violation may be invalidated by the Fair Work Commission, you don’t want to get to that point. With only CBD, talking should be fairly frank about the risks and lack of risks associated with cannabis use and how CBD fits into the cannabis equation. If they have a cannabis-friendly policy, even if it’s implied, have it written perfectly.
What should patients who have THC in their medication do?
“With THC, things get a lot more interesting because there is a real dissonance between criminal laws and testing regulations, insurance company standards, your employer’s policy and desire and the nature of the driving that you do.”
If you are on medication with THC and drive a car, you will definitely want to speak with your employer. It would be best to talk about your medications, when you take them, how they affect your ability to drive or operate heavy machinery and the things you have to make sure you are safe at work.
If your employer knows nothing about your medication and you are due to get tested or have an accident, having THC may place all the responsibility on you rather than your employer being able to cover you.
“Ultimately, if I were to choose a governing agent for my employer, the weakness would be my guess rather than just a prescription THC or a THC-based flower product. But, without knowing the exact circumstances, it is very difficult to determine what the employee should do in his or her circumstances. unique”.
This is a much more complex topic than CBD products due to the nature of the public testing regime and the strict liability associated with cannabis as an illicit substance.
“You might imagine that a more advanced employer might be naturally involved in and respond to your medication use, but you may need to engage in more detailed communication and teaching regarding other employees who may not fully understand the risks or the lack thereof.”
If you have a problem with your employer, it would be a good idea to seek legal help to make sure that you are not being discriminated against or unfairly treated by your employer, or that the policies in place are not actually working for you. Recruit.
While laws are still discriminatory toward patients with legal medical cannabis, this is a very difficult area to navigate. How can a company say you can’t drive because you are may be Do you have cannabis in your mouth? But, how can your company allow you to drive if the law says it is illegal to have cannabis in your mouth?
Employees who use legal medicinal cannabis should not be forced to stop driving as long as they are not disabled. However, it will be up to you and your employer to decide the best course of action that you can take.
The solution is either the laws change, or your company is willing to test you before every shift starts. We won’t know how companies will treat employees until more people raise this issue with their employers. And there may not be enough pressure on the government to change these laws across Australia for more employees to come forward and speak with employers or openly about cannabis.
Stipe left us some ground rules:
“THC in your mouth (or not sure), no driving. Contact your employer. Explain your circumstances and work through your policies with your employer.”
If you are disabled, do not go near the road.
If you do not have THC in your mouth and you do not have an impairment, whether you have been prescribed THC or CBD or both, it is best to work with your employer and make sure that the medication is impaired policies relevant to your needs and ability to participate in your work. “
If you would like to learn more about how we can help change laws regarding legal medical cannabis and driving, please visit change engine website.