The complexities of medicinal cannabis at work

A recent Fair Work Commission case (January 2025) highlights the complexities of managing medicinal cannabis in the workplace, particularly when it contains tetrahydrocannabinol (THC), and in the context of safety-sensitive roles.

Summary

An employee in a safety-critical role informed his employer that he was prescribed medicinal cannabis containing cannabidiol (CBD) for chronic pain from a workplace injury. The employer allowed this use outside of work hours, but the employee did not notify them when his prescription was updated to include THC. The employee later tested positive for THC. Medical reports indicated that while no side effects were reported, there was an increased risk of impairment while using medicinal cannabis, rendering him unfit for safety-critical work.

Employer’s Response

The employer allowed the worker to consult with a medical practitioner about alternative treatments, but no suitable options were found. Despite the worker expressing a willingness to stop using THC, the employer terminated his employment, citing his inability to safely perform his duties.

Commission’s Ruling

The Commission ruled that the employee’s failure to notify the employer about the THC update breached the company’s drug and alcohol policy, justifying his dismissal. However, the Commission found that the employer did not fully follow its policy, which encourages a fair and flexible approach to drug and alcohol issues. The employer did not explore all options, such as alternative treatments or allowing him to return to work without medicinal cannabis. As a result, the employee was reinstated with 27 weeks' wages and restored leave entitlements.

Key Implications 

This case stresses the importance of clear communication and adherence to drug and alcohol policies – for both employers and employees – when dealing with medicinal cannabis.

• Clear Communication: Employees must inform employers of any changes to their medication.

• Policy Adherence: Employers must follow their drug and alcohol policies and consider all options before dismissing employees.

• Fair Approach: Employers should take a flexible approach, considering individual and operational circumstances.

DASA has the expertise to help you navigate the increasingly common yet incredibly complex issue of medicinal cannabis in the workplace. Our occupational physician, Associate Professor David Allen, and our scientific director, John De Mellow, have the knowledge and the experience you need to stay ahead of this issue.

To hear more from them on this topic, come along to our free webinar “Medicinal Cannabis – What’s New” on Wednesday April 9th. Click here to register.

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DASA (Drug and Alcohol Solutions Australia) is proud to be leading the way in workplace drug and alcohol testing services throughout Australia. Whether your need is for workplace drug and workplace alcohol testing, advice on drug and alcohol policy or ideas on how to communicate your workplace expectations, policies and procedures to your staff, DASA can help. We have the experience, technical expertise and people to lead you to the right solution.

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