Rock and hard place
Western Australian mining companies are facing a huge problem over the use of medicinal prescribed cannabis. Workers are being prescribed the medicinal cannabis by their GP’s, and yet are being stood down by their employers when testing positive to cannabis.
Understandably their is concern from both side of the table. Most work places and the mining sector being one of those have regular drug testing of employees and sub-contractors. How are the mining companies going to deal with the legal side of this situation.
Legal issue around medicinal prescribed cannabis
Mining companies have a zero tolerance to both drugs and alcohol while on site. The problem is Medicinal cannabis is being prescribed by doctors and all done legally. A mining worker then tests positive to cannabis and is stood down from work. How do they deal with this legal mine field that is an ever growing giant.
If the mining companies stand down a worker or sub-contactor due to a positive drug test, they may be putting themselves in a position, where that worker can make legal claim for being stood down unfairly. On the other side if the mining companies allow that worker to continue duties, and their is an accident involving that worker, they may be left wide open once again by allowing that worker to continue duties. A catch 22 problem.
Is change needed
Are the big mining companies keeping up with the times or not? A parliamentary report has said that change is required. However the Chamber of Minerals and Energy has urged caution as companies need to take due caution and perhaps align with WA police drug and alcohol standards.
The issue is, everyone has a right to go to work and feel safe. Is a person using prescribed medical cannabis 100% alert and able to carry out their duties without putting other employees and sub-contactors at risk of harm.
What level of Medicinal prescribed cannabis is ok
Perhaps what is needed is an investigation into what level of cannabis within a persons system which is ok and not creating any impairment. The problem is that if Medicinal cannabis is used it actually helps many people sleep better, particularly if your a shift worker. If they can’t use the cannabis they may be more impaired by sleep deprivation. Something that there is no test being performed for.
Summary
From the outside it appears that large companies have been left behind on the medicinal prescribed cannabis debate. The ABC article has more detailed information on the subject.
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