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The Case of the Pot-Smoking Mountie

12/18/2013

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The Royal Canadian Mounted Police attracted national attention last month when one of their officers challenged the RCMP about being able to smoke medicinal marijuana while on the job and in uniform.
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Cpl. Ronald Francis serves with the RCMP in New Brunswick and on November 4th, he received a prescription for medical-grade marijuana to combat his Post-Traumatic Stress Disorder (PTSD) symptoms. His prescription allows for three grams (approximately 9-15 joints) a day. According to Francis, smoking marijuana has no impact on his ability to be a police officer. He also added that he has full intentions to continue smoking on the job and while in uniform (Source: CBC).

“There’s no policy in the RCMP that prevents me from smoking marijuana. There’s no policy in the RCMP that says I cannot smoke in public. I have the right to smoke it in my red serge.”
In an attempt to raise awareness about post-traumatic stress disorder, Francis was filmed smoking marijuana while in uniform and the situation quickly went viral and attracted national attention. (Source: National Post)
So how did the RCMP respond?

​For the force, the prescription itself was not the issue. It was the action of smoking marijuana in public or while in uniform that raised concerns. The RCMP has explicit policies in place with respect to the wearing of uniforms, as well as officers talking to the media and representing themselves as members of the force on force-related matters. 

Gilles Moreau, RCMP assistant commissioner, explained this saying, “It would not portray the right message for the general public, and it’s definitely not something we would support or condone.” (Source: CBC)
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Was the RCMP accommodating Francis' PTSD?

Moreau agreed that the RCMP has a duty to accommodate the medical needs of their members, but he also added that they “must also consider the effect on other members and on public perceptions”. (Source: CBC) The RCMP initially provided Francis with treatment for his PTSD through an occupational stress injury clinic – part of a program the force has put in place specifically for members who experience mental health difficulties. However, Francis soon began seeking out alternative treatments.

“Because this is relatively new for active members of the RCMP, we are looking at the internal policies to see, how do we set it up? To say, OK, if somebody is prescribed medical marijuana and they have to take it two or three times a day and have to take it at work, where is this going to take place? If it takes place outside, it has to respect the individual but also their co-workers, and it has to respect the Canadian population at large by taking it in a respectful way.” (Moreau)
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Update on the situation

​Things quickly escalated upon release of the video footage of Francis smoking marijuana in public. On November 28th, Francis was stripped of his duties and placed on medical leave. He had his regular work uniform seized and was ordered to turn in his red serge uniform the following day.

The story escalated even further on December 6th when Francis was charged with assaulting a fellow officer. According to Cst. Julie Rogers-March, the incident took place as the Mounties attempted to locate him for a “wellness check” due to concerns about his medical condition. It is alleged that Francis assaulted an RCMP officer and a stun gun was then used to control the situation. Francis is currently undergoing a 30-day psychiatric assessment (Source: The Star). 

Legal responsibilities for employers

This is a precedent-setting case for the RCMP as well as many other companies across Canada. It raises the overarching question - how should employers manage employees who are prescribed medical marijuana – particularly those who are engaged in public safety. Should they be provided with designated spaces at work? Should they be given modified duties? 

An employer does have the right to challenge medical treatments it considers inappropriate by seeking a second medical opinion. In addition to this, an employer can also evaluate any worker that obtains a medical marijuana prescription (or any other inappropriate or questionable treatment) to ensure that they are not impaired in judgement or motor skills. In the event that the worker is impaired in some way, the employer can place limits on the type or nature of work the worker is permitted to perform. 

In this case, prior to his medical leave placement, Francis was given modified duties by the RCMP to ensure that he was never doing work that would have been “remotely understood to have been police-related.” The RCMP also released a statement saying that they are continuously looking at strengthening supports for officers with operational stress injuries and are looking at its policies to define how it manages members who have been prescribed medicinal marijuana. (Source: MacLeans) 
What do you think?

There has been a lot of discussion and controversy surrounding this case. Saint John MP Rodney Weston said that the RCMP’s decision to seize Francis’s uniform created some confusion among local citizens. Some questioned the response given the fact that Francis does have a prescription for medicinal marijuana. Others were supportive of the decision saying that, when you’re part of an institution like that, you need to understand the importance of the values that uniform represents and preserve that. So what do you think? Leave your responses in the comments section below.

Currently dealing with an accommodation issue or a difficult claim? The experts at Clear Path can help! Contact us today for a consultation or attend our Introduction to Disability Management workshop on January 16th in Kitchener. 

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Clear Path's 2013 Year in Review

12/17/2013

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With the end of the year rapidly approaching, let's take a look back at some of the events and developments of 2013 - particularly those that have impacted HR professionals, business owners, and claim managers:
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Rob Ford made headlines
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Blackberry struggled
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Alice Munro won big prize
News headlines in 2013
  • ​Toronto's mayor Rob Ford made international headlines in November after admitting to using crack cocaine.
  • Kathleen Wynne became Ontario's first female and openly gay Premier in February when she replaced Dalton McGuinty as Liberal party leader.
  • The economy slowly continued to improve, despite high profile struggles of Waterloo-based Blackberry and the closure of the Heinz plant in Leamington and Kellogg's plant in London, Ontario.
  • Senate expense scandal results in suspension of Mike Duffy, Pamela Wallin and Patrick Brazeau and causes much turmoil for Prime Minister Stephen Harper.
  • South Africa's Nelson Mandela died in December at age 95.
  • Pope Benedict became the first Pope in 600 years to resign his post on February 28th. Pope Francis elected, later named Time's Person of the Year.
  • Epic fail of Toronto Maple Leafs in game 7 of first round playoffs, blowing 4-1 lead against Boston.
  • Canadian author Alice Munro wins Nobel Prize for Literature.
  • Prince George of Cambridge, future king of England, is born on July 22nd.
  • Two bombs explode at Boston Marathon in April,  killing 3 and injuring 264.
  • Civil war continued to devastate the citizens of Syria.
  • Hollywood shocked by deaths of Paul Walker and Canadian Cory Monteith.
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Elizabeth Witmer
WSIB news in 2013
  • Big changes for the construction industry as Bill 119 brought mandatory WSIB registration and the requirement that contractors have clearance certificate.
  • Premium rate increases averaging 2.5% for 2013, although some industries hit much harder than others
  • New WSIB e-Services went live in April 2013
  • In August, WSIB made last minute changes to Reserve Factor Table figures after it already reduced Expected Cost amounts, impacting many employers' year-end NEER cost forecasts and resulting in changes to refunds/surcharges
  • In November, WSIB chair Elizabeth Witmer announced WSIB making progress on a number of key performance indicators, including: 1) Premiums now covering costs - no longer need to borrow from Investment Fund to maintain benefits; 2) Unfunded liability has fallen by $1B since 2012; 3) WSIB on track to achieve the legislated target of 60% funding by 2017; and 4) WSIB able to freeze employer premium rates for 2014.
  • WSIB's Workwell program was moved to the Ministry of Labour, along with the rest of the Prevention Branch of WSIB.
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Yahoo's new CEO Marissa Mayer
PicturePot-Smoking Mountie

​Interesting HR stories in 2013
  • Toronto firefighters fired over inappropriate comments on Twitter.
  • Disgruntled employee files $20M lawsuit for workplace injuries against Toronto-based Ashley Madison website.
  • Racism controversy on TV’s Big Brother leads to real-life terminations for two contestants, leading to questions about a company's rights in relation to an employee's off-work behaviour.
  • Yahoo’s CEO Marissa Mayer ignites much internet chatter when she releases memo cancelling the company's "work from home" policy, opening up discussion on workplace productivity versus employee life balance.
  • National Standard for psychological health and safety in the workplace released jointly by Canadian Standards Association, the Bureau de normalisation du Quebec and the Mental Health Commission of Canada in February.
  • The Royal Canadian Mounted Police attracted national attention after one of their officers was seen smoking marijuana while in uniform. This sparked a heated debate around accommodation vs. respect. 
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Ontario's HRPA
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Several important legal decisions
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Bill 168 decision from OLRB
Legislative and legal updates in 2013
  • After numerous attempts that failed to achieve Royal Assent before the end of each legislative session, Ontario passed Bill 32 (Registered Human Resources Professionals Association Act) on November 6th. This Act replaces the Human Resources Professionals Association of Ontario Act, 1990 and regulates the practice, competence, and professional conduct of HR professionals in Ontario. To see the actual Act, click here.
  • In November, Ontario filed a new regulation under the OHSA that requires employers to ensure that workers and supervisors receive mandatory safety awareness training. The Occupational Health and Safety Awareness and Training Regulation comes into effect on July 1, 2014.
  • Important decision of the Court of Appeals regarding the death of a guest at Blue Mountain resort ruled that “There must be a nexus between the hazard giving rise to the critical injury or death and a realistic risk to workers’ safety.” 
  • Seeking more compliance with reporting requirements of AODA legislation, the Accessibility Directorate of Ontario began sending compliance notifications to employers who have not yet submitted their Accessibility Compliance Reports.
  • In a noteworthy decision related to Bill 168 (Ontario's legislation related to preventing workplace violence and harassment), the Ontario Labour Relations Board (OLRB) found that a concrete supplier was liable for a supervisor’s assault and threats against two workers as a violation of the Bill 168 provisions within the Occupational Health and Safety Act. Interestingly, it declined to award the union's request for substantial monetary damages.
Clear Path in 2013
  • November 1st marked the 10th anniversary of Clear Path Employer Services. Starting out as a one-woman organization and now boasting 20 team members, there is no denying that Clear Path has come a long way. To celebrate, Clear Path hosted a Client Appreciation Event in Kitchener. With over 60 people in attendance - valued clients, partners, and employees - we were really able to ring in this occasion in style!
  • Our firm continued to expand its scope of services this year by implementing our ability to assist customers with claims in the province of Quebec and across the entire country.
  • Clear Path welcomed several new team members this year, including HR Consultant and Claims Manager Michelle Strassburger, Medical Consultant Dr. Steve Archambault (who will also be helping us with Quebec claims), Claims Manager Tali Rubinfeld, HR Assistant Lindsay Majkic, Sales & Marketing Coordinator Stephanie Leger, Administrative Assistant Angela Nice, and Finance Administrator Evan Olbort.
Have any other news items that we missed? Add them in the Comments section.

Thank you again to all our customers and visitors to our website. We wish all the best to you and your family over the holiday season and look forward to working with you in 2014!

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It's Time to Re-Examine Your Health and Safety Training

12/5/2013

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In mid-November of 2013, the Ontario government filed a new regulation under the Occupational Health and Safety Act (OHSA) that requires employers to ensure that workers and supervisors receive mandatory safety awareness training. The Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13), will come into effect on July 1, 2014, allowing workplace parties time to prepare. (Source: MOL)

This blog will provide you with more information about this regulation, an overview of your new training obligations, and identify a number of resources that you can use to assist you in becoming compliant.
What does this mean for employers?

​According to this new regulation, employers are required to:
  • Ensure that workers complete a basic occupational health and safety awareness training program as soon as reasonably possible and supervisors within one week of working as a supervisor
  • Maintain a record of the training completed by workers and supervisors
  • Provide a worker or supervisor with written proof of completion of the training, if requested by the worker or supervisor (up to six months after ceasing to work for the employer)

In addition to these new training requirements, employers must continue to carry out their pre-existing duties and obligations under the OHSA. These include the general duty to “provide information, instruction and supervision to a worker to protect the health or safety or the worker.” (Clause 25 (2)(a))
Overview of training obligations

The mandatory training program for both workers and supervisors must include instruction on the duties and rights of all workplace parties under the OHSA as well as the role of each the following: Joint Health and Safety Committees, Health and Safety Representatives (under the OHSA), the Ministry of Labour, WSIB, and Health and Safety Associations.
According to the regulation, training for workers must also include instruction on:
  • Common workplace hazards and occupational illnesses
  • Information and instruction requirements set out in the WHMIS Regulation

According to the regulation, training for supervisors must also include instruction on:

  • How to identify, assess and manage workplace hazards 
  • Sources of information on occupational health and safety
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Resources available

The Ministry of Labour is providing a number of resources and tools to help employers become compliant with this new regulation by July 2014. Employers are not required to use these specific ministry resources, as long as they training they provide covers all of the necessary content outlined above (Source: MOL).

There are a number of workbooks available for employers that can be printed or ordered through Publications Ontario. In addition to this, there are two electronic training tools available online for free. These modules can be completed by workers and supervisors as one way to meet the minimum training required by the regulation:
  • Worker Health and Safety Awareness in 4 Steps
  • Supervisor Health and Safety Awareness in 5 Steps

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Employer take-aways

Already conducted health and safety training at your workplace? Be sure to review the content of that training and determine whether it was sufficient to fulfill the requirements of this new legislation. When reviewing your existing training, be sure to also identify all parties who may fall within the definition of worker and supervisor, ensuring that they have been or will be provided with the necessary training. (Source: Hicks Morley)

If your previous training meets the basic content requirements outlined by the OHSA, and there is written proof that the training was completed, you will likely be exempt from the need to retrain workers and supervisors. If that is not the case, employers should seek to revise their training programs to be in compliance with this new regulation. 

Conclusion

Although there are basic training materials available to employers (see resources above), there are benefits to providing more complete and in-depth health and safety training to new or existing workers and supervisors. Not only will it likely enhance worker and supervisor safety, it will also aid in the prevention of accidents and ultimately the reduction of WSIB costs on the employer’s NEER statement. 

Need help putting together a complete health and safety training? Clear Path's Health and Safety team provides the training, policy development, and expertise you need to succeed in the area of Health and Safety. Contact us today!

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