SENATE Committee HEARING
April 26, 2018
Thank you, Mr. Chair.
Thank you to the panel members for inviting Energy
Safety Canada to participate in this important hearing. I am grateful for the
opportunity to speak to you about the workplace safety implications of
legalized cannabis.
As the national safety association for the oil and gas
industry, Energy Safety Canada advocates for worker health and safety. We are
committed to the safety of our workers and the communities where we operate.
The national oil and gas industry is inherently safety-sensitive
given the materials and equipment used. Different components of the industry,
including storage, transportation, drilling and processing all pose significant
safety risks. Further, given the flammable nature of natural gas and oil, risks
are increased in the event of a leak or spill. Operations are often located in
remote or northern locations. Workers are mobile and travel from one site to
another, frequently accessing public highways and going through small
communities. As a result of the hazardous nature of industrial worksites,
owners, companies and workers must exercise the utmost care and attention.
An oil and gas worker’s use of drugs, including cannabis,
whether casual, prescribed or arising from a dependency, has the potential to
create unacceptable safety risks. Given the carry-over effects of cannabis,
these risks can occur regardless of whether use occurs at work or in close
temporal proximity to when an employee will report to work.
Our concern is that legalization will normalize and
increase the overall use of cannabis, introducing the potential for increased
risk. Industry can expect increased instances of impairment in the workplace
and a corresponding increase in safety incident rates.
Studies confirm there is a correlation between
cannabis use and injury. For example, one study showed, male cannabis users had
a 28 per cent higher rate of hospitalization due to injuries than non-users,
female users had a 37 per cent higher rate of the same.[1]
There can be no doubt that cannabis use is
incompatible with working in a safety-sensitive environment. Cannabis use by
drivers has also been associated with increased accidents and fatalities.[2]
Performance deficits associated with cannabis that are
incompatible with working in a safety-sensitive environment have been demonstrated
to last after use. Studies have indicated that performance deficits can last up
to two days after use of low doses of marijuana.[3]
[1] Susan Goodwin Gerberich et al, “Marijuana Use and Injury Events
Resulting in Hospitalization” (2003) 13:4 Ann
Epidemiol 230.
[1] F. Couper and B. Logan, “Drugs and Human Performance Fact Sheets”
[2004] NHTSA, DOT HS 809 725 4/04 at 7-
11.
[1] S. Heishman et al., “Acute and residual effects of marijuana:
Profiles of plasma THC levels, physiological,
subjective, and performance measures” (1990)
37:3 Pharmacol. Biochem. Behav. 561.
Over the last decade, the use of alcohol and drugs in
our industry has been a pressing safety concern. The Cannabis Act adds another
layer of complexity to this existing issue. The implications of a worker
attending work unfit for duty in safety-sensitive environments can, and has, resulted
in serious safety consequences that could affect not only workers, but also the
environment, surrounding communities and the public.
Oil and gas employers have significant legislative
obligations to ensure the safety of their workers, including maintaining a safe
work environment. Employers in the oil and gas sector must address workplace
hazards including those associated with alcohol and drugs. If a workplace
hazard is identified, employers have a legal obligation to take corrective
steps to eliminate, or if not reasonably possible, to control the hazard. The
Criminal Code also imposes a duty on employers to ensure a safe work place by
imposing a “legal duty to take reasonable steps to prevent bodily harm to that
person, or any other person, arising from that work or task”.
We believe these legal obligations will become more difficult
to fulfill with the legalization of recreational cannabis. Particularly given
the current limitations around workplace testing.
Presently, there are no tests for impairment, only presence
and likely impairment. This presents a significant concern to employers who are
legally required to keep employees safe while at work. Further research needs
to be conducted to provide a standard testing solution for impairment.
We ask the Government of Canada to recognize the
reality and enact detailed alcohol and drug legislation that will equip
Canadian employers with the tools they need to effectively manage risk, operate
safely, and meet their legislative duties.
Specifically, we would like to see:
·
A practical,
legally acceptable workplace and roadside testing protocol for cannabis,
including identification of acceptable technology and standardized methodology.
·
Workplace
alcohol and drug testing regulations to permit employers to test safety-sensitive
workers on a pre-employment and random basis. With the right controls, legal
framework and legislative certainty in place, the application of random testing
would improve an employer’s ability to manage the risk to workers and the
public.
·
Amendments to
the Canada Labour Code to clearly prohibit workers from entering a workplace
under the influence of cannabis or other drugs, without prior medical
authorization and employer approval.
·
Further
education and research on the impacts of cannabis and impairment and the
appropriate testing technologies must go hand in hand with the legislation.
We believe these changes would give employers the
tools needed to manage the risk to workers and the public presented by Bill
C-45.
One of the stated purposes of the Cannabis Act “is to
protect public health and public safety”. We believe the impact of legalized
cannabis on a safety-sensitive workplace is something that needs to be specifically
addressed.
With that, Mr. Chairman and committee members, thank you
for including Energy Safety Canada and our perspective in your discussions
today.
I look forward to your questions.
Murray Elliott
President
Energy Safety Canada
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