Could be the WCB revealing a cannabis prescription a rights violation?

THE Issue

I had been injured on the job and also my pain doctor “prescribed” medical cannabis. At house or apartment without a set return date that I was off job during this time. There was not any requirement to share with my company until there was a day set. My Workers Compensation Board case worker fulfilled together with my employer and advised me I had been “fixing” my symptoms using cannabis. My employer chose at that moment they couldn’t accommodate me. Can appear to be a privacy violation?

THE FIRST ANSWER

Lorelle Binnion

Calgary office, Associate, Borden Ladner Gervais

Employers are accountable for ensuring has the capability to do so and demands the company. However since your employer is eligible to understand the side effects of any medications you are using, perhaps not the names of these medicines.

Professional medical cannabis should be handled no more than additional prescription medications within this way. Further, your employer should provide you with note or seek the approval before gathering personal information.

Similarly about is the company’s failure to adapt your return to function based around the fact that you are currently using cannabis to take care of your pain.

Regulations regarding lodging involving professional medical cannabis usage is still developing in Canada the duty does employ. Companies are required to accommodate a worker’s physical disability, such as for example the workplace injury, to this level of undue hardship. Even the “undue hardship” test isn’t easy to meet and will not be fulfilled since you’re using professional medical cannabis. Your organization should’ve determined what your limitations will be, and evaluated regardless of whether those limitations might possibly be accommodated.

Now, your most appropriate plan of action is likely to acquire the possibility of creating a grievance to the privacy commissioner, or of Obtaining a human rights criticism or even perhaps a wrongful dismissal actions against your prior employer.

The 2nd ANSWER

Kyle Couch

Spectrum Organizational Development Inc. & CEO, President, Toronto

Regardless of any provider’s optimum safety and health efforts, mishaps do take place and staff get harm. It’s extremely regrettable that you were hurt; yet however, there are certain limitations to exactly what you could count on from your healthcare supplier, the Workers Compensation Board (WCB) along with your own employer.

In most instances, your health care documents really are an exclusive matternonetheless, through the Workplace Safety and Insurance Act, the WCB can access your medical documents, without your approval, since they relate to your present-day state of affairs, to guarantee your plan for treatment follows their own policies and offer your company with appropriate upgrades on your own restoration.

Even though cannabis is currently available to patients in Canada that qualify, it isn’t now covered beneath WCB coverage programs. It’s likely failed to satisfy the treatment guidelines of your WCB though your health care company issued using a prescription also then flip your employer does not need to accommodate your leave based on this treatment alternative.

You can continue to utilize it if cannabis could be the sole option that is employed for you personally ; however, you be eligible for covered handicap.