The Ontario Public Service is committed to the health and safety of its employees, and providing safe and healthy workplaces.

In light of legalization of recreational cannabis, the Ontario Public Service as an employer has updated its Occupational Health and Safety (OHS) Policy as part of its annual review to include enhanced language around impairment as a potential workplace hazard, and to clarify that existing rules around working while impaired from any substance still apply, whether the substance is legal or not.

The Ontario Public Service has several internal human resource policies in place that can support obligations with respect to impairment in the workplace, including the Occupational Health and Safety Policy, Disability Accommodation Policy, Employee Performance Policy and the Attendance Policy. The Ontario Public Service will continue to accommodate employees with disabilities in accordance with the Ontario Human Rights Code.

In the interest of illustrating how the Ontario Public Service has updated its Occupational Health and Safety Policy in light of the legalization of recreational cannabis, we are making the policy and some related documents available.

For guidance for how other workplaces might approach legalized recreational cannabis, please refer to the Ministry of Labour guidelines on Impairment and Workplace Health and Safety.

The Ontario Public Service Occupational Health and Safety Policy

What’s New

The updated policy enhances language on impairment as a potential workplace hazard and further clarifies roles and responsibilities for all workplace parties to protect and promote health and safety in Ontario Public Service workplaces.

Update to Principles

  • Additional principle has been added that sets out that all workplace parties must be fit for work (i.e. able to perform job duties safely, not impaired), recognizing that impairment (e.g. from substance use) can pose health and safety hazards in the workplace.
  • Confirmation that the Ontario Public Service will continue to accommodate employees with disabilities in accordance with the Ontario Human Rights Code.

Mandatory Requirements Retained

  • Existing mandatory requirements in the policy are retained, as these requirements address the duty for all workplace parties to prevent, manage, control and report workplace hazards, which has been understood to include workplace hazards that arise as a result of impairment from any substance use.

Expanded Responsibilities for Managers and Supervisors

  • Expanded responsibility for managers/supervisors to respond to unsafe acts and conditions identified in the workplace (see section 10.11)

Expanded Responsibilities for Employees

  • Expanded responsibility for employees to be fit for work and to report health and safety hazards and unsafe acts and conditions in the workplace (see sections 10.3 and 10.4)

Note: Additional policy updates include updates to definitions along with clarifications of ministry roles.

Question and Answers: Ontario Public Service (OPS) Occupational Health and Safety Policy

This document provides guidance only and is intended to answer general questions about the policy. Refer to the Occupational Health and Safety Policy for specific policy requirements.

Introduction

1. What is the policy of the Ontario Public Service (OPS) regarding workplace health and safety?

The Ontario Public Service (OPS) is committed to the health and safety of its employees. The policy of the OPS is to protect and promote employee health and safety, and to take every reasonable precaution in the circumstances to provide workplaces that are safe, healthy and free from harassment and violence.

2. Why was the Occupational Health and Safety Policy updated?

Under the Occupational Health and Safety Act, all Ontario employers must review their health and safety policies annually. In light of federal legalization of recreational cannabis on October 17, 2018 and as part of the annual review of the policy, the Treasury Board Secretariat has updated the OHS Policy to include enhanced language around impairment as a workplace hazard.

Policy Features

3. What is the purpose of the Occupational Health and Safety Policy?

The purpose of the policy is to “establish an enterprise framework for occupational health and safety for the OPS by providing strategic direction” and to “provide direction to ministries and Commission public bodies regarding compliance with statutory requirements for occupational health and safety.”

4. Who does the policy apply to?

The policy applies to all ministries and Commission public bodies (CPBs), deputy ministers and chairs of CPBs and public servants appointed under Part III of the Public Service of Ontario Act, 2006 (PSOA). This means that the policy also applies to ministers’ office staff.

5. Who provides programs and services to support policy implementation?

While ministries have overarching responsibility for health and safety, the Ministry of Government and Consumer Services (MGCS) develops enterprise-wide health and safety programs, guidelines and training to assist ministries and Commission public bodies in meeting compliance with the Occupational Health and Safety Act and the OHS Policy. Within HR Service Delivery Division, the Centre for Employee Health, Safety and Wellness (CEHSW) has developed resources on substance impairment in the workplace that align with the updated OHS Policy.

Principles

6. What are the policy principles?

The Occupational Health and Safety Policy sets out a number of principles which are foundational to guiding our health and safety efforts. The principles can be found near the front of the policy in section 7, and include a new principle about impairment as a potential workplace hazard. The policy states that:

  • Every employee has the right to work in a safe and healthy workplace.
  • Healthy and safe workplaces contribute to high productivity and employee engagement.
  • Cooperation between the employer, employees and bargaining agents is important in maintaining safe and healthy workplaces.
  • Workplace parties must have the appropriate information and instruction to fulfill their obligations under statute and policy.
  • While disabilities will be accommodated up to the point of undue hardship, all workplace parties must be fit for work, recognizing that impairment (e.g. due to substance use) can pose health and safety hazards in the workplace.
  • The prevention of accidents, injuries and occupational illness is an integral part of every workplace activity.

7. Why is there a new principle in the policy?

The new principle aims to raise awareness that impairment should be addressed as a potential workplace hazard in accordance with the policy, and that all workplace parties are expected to be fit for work. The principle states, “While disabilities will be accommodated up to the point of undue hardship, all workplace parties must be fit for work, recognizing that impairment (e.g. due to substance use) can pose health and safety hazards in the workplace.”

The new principle recognizes that impairment, regardless of the source (e.g. alcohol, substance use, fatigue, stress, etc.), can pose health and safety hazards in the workplace. Expanded responsibilities for employees reflect this principle (see the Responsibility section below).

8. Why is employee accommodation included in the new principle?

The Ontario Public Service will continue to accommodate employees with disabilities in accordance with the OPS Disability Accommodation Policy and the Ontario Human Rights Code regarding how impairment in the workplace is determined. With the enhanced language around impairment, the new principle confirms that appropriate accommodation will continue to be provided for employees who have been authorized to use cannabis for medical purposes by a healthcare practitioner, and identify the need for employment accommodation to their manager.

Impairment in the Workplace

9. How does the policy address impairment in the workplace?

The policy includes enhanced language around impairment in the workplace and makes it clear that existing rules around working while impaired from any substance still apply, whether the substance is legal or not. Employees must be fit for work and report any workplace hazards that arise as a result of impairment.

Use of Cannabis in the Workplace

10. With legalization of recreational cannabis, where can I find out more about Ontario’s rules for cannabis?

You can find out more about Ontario’s rules for cannabis on the Ontario cannabis legalization website.

11. Once recreational cannabis is legalized, can I bring legally purchased recreational cannabis into the workplace?

Employees are expected to follow all federal and provincial laws, including the legislated rules around cannabis possession. The federal cannabis legislation and regulations establish strict rules around possession of recreational cannabis once legalized, including what and how much is permitted in public and private places, along with the penalties associated with these rules. Please review the information available on the federal cannabis website to learn more about these rules.

12. Will medical cannabis be allowed in the workplace?

The Ontario Public Service will continue to accommodate employees with disabilities in accordance with the Ontario Human Rights Code, including employees that require the use of medical cannabis.

Medical cannabis is only permitted for individuals who have been authorized to use cannabis for medical purposes by a healthcare practitioner, and have an accommodation plan in place. If OPS employees require medication that may affect them at work, such as medical cannabis, they should speak to their manager. The OPS Disability Accommodation Policy establishes the principles and mandatory requirements for providing timely and effective employment accommodation for OPS employees with disabilities.

Responsibilities

13. What are the responsibilities of employees in the policy?

The policy includes expanded responsibilities for employees to be fit for work and to report health and safety hazards and unsafe acts and conditions in the workplace. Other responsibilities have not changed.

14. What does it mean to be fit for work?

While “fitness for work” is not defined within the policy, it is understood to mean the ability to perform job duties safely. An employee is considered not fit for work if they are unable to perform their job duties as a result of being impaired by a substance. Being impaired is a state or condition of reduced competence, physical ability and/or mental ability that may affect one’s ability to perform work safely or effectively.

15. What are the responsibilities of managers and supervisors under this policy?

The policy includes expanded responsibilities for managers/supervisors to respond to unsafe acts and conditions identified in the workplace. Other responsibilities have not changed.

16. Do managers have a responsibility to address impairment in the workplace?

Yes. Managers continue to have a responsibility to address actual or potential workplace hazards, including impairment.