Marijuana

NSRBA’ Cannabis Policy

Intent

The Registered Barbers of NSRBA are our most valuable resource, and for that reason, their health and safety is of paramount concern. Marijuana-Cannabis will be treated the same as all other recreational substances. NSRBA has adopted this policy to communicate its expectations and guidelines surrounding marijuana use, misuse, and abuse.

Guidelines

Registered Barbers under the influence of drugs or alcohol on the job can pose serious health and safety risks both to themselves and their fellow Registered Barbers. To help ensure a safe and healthy workplace, NSRBA reserves the right to prohibit certain items and substances from being brought on to, or present on Barber Shop premises.

Expectations

The following expectations apply to Registered Barbers and Barber Shop owners alike while performing Barbering services on behalf of the Barber Shop, whether on or off Barber Shop property:

• Registered Barbers are expected to arrive to work fit for duty and able to perform their duties safely and to standard; Registered Barbers must remain fit for duty for the duration of their shift;
• Use, possession, distribution, or sale of drugs or alcohol during work hours, including during paid and unpaid breaks, is strictly prohibited;
• Registered Barbers are prohibited from reporting to work while under the influence of recreational marijuana and any other non-prescribed substances;
• Registered Barbers medically approved medication must communicate to the Barber Shop Owner any potential risk, limitation, or restriction requiring modification of duties or temporary reassignment; and
• Registered Barbers are expected to abide by all governing legislation pertaining to the possession and use of marijuana.

Roles and Responsibilities

The NSRBA will clearly communicate all expectations surrounding marijuana use, misuse, and abuse. To help enforce this policy, Barber Shop Owners and Registered Barbers are expected to adhere to the following:

Barber shop owners will:

• Identify any situations that may cause concern regarding a registered Barber’s ability to safely perform their job functions;
• Ensure that any Registered Barber who asks for help due to a drug or alcohol dependency is provided with the appropriate support (including accommodation) and is not disciplined for doing so; and
• Maintain confidentiality and privacy.

Registered Barbers must:

• Arrive to work fit for duty, and remain fit for duty throughout their shift;
• Perform work safely in accordance with established safe work practices;
• Avoid the consumption, possession, sale, or distribution of marijuana, other drugs, or alcohol on Barber Shop property, and during working hours even if off Barber Shop property;
• When off duty, refuse a request to come into work if unfit for duty;
• Report limitations and required modifications as a result of medically approved marijuana use;
• Report unfit co-workers to shop owner;
• Seek advice or appropriate treatment, where required;
• Communicate dependency or emerging dependency;
• Follow the after-care program, where established; and
• Abide by all governing legislation pertaining to the possession and use of marijuana.

Medical Marijuana

Where a Registered Barber uses medical marijuana, it is expected that they provide a copy of their medical license to use marijuana to the Barber Shop owner and abide by NSRBA’ Accommodation Policy.

Disciplinary Action

Registered Barbers found in violation of this policy may be subject to disciplinary action, up to and including revocation or suspension their license may result.

Accommodating medical marijuana use

The obligation to accommodate the use of medical marijuana arises under human rights legislation, which protects individuals in the workplace from discrimination on the basis of disability. Barber Shop owners are required to accommodate an individual’s disability to the point of undue hardship. In the case of medical marijuana, this accommodation may include allowing individuals to use marijuana in situations where such use would otherwise be prohibited.

What does this mean for Barber Shop owners?

A prescription for marijuana does not give barbers a guarantee to use it in the workplace. Both the Barber Shop owners and registered Barbers are subject to certain obligations with regards to the use of medical marijuana in the Barber Shop.

For example, a prescription for medical marijuana does not entitle a barber
• To compromise their own safety
• To compromise the safety of others
• To smoke in the workplace (as anti-smoking laws apply to smoking marijuana as well)
• To have unexcused absences
• To be impaired at work

When faced with a request to use or possess marijuana in the workplace, at a minimum Barber Shop owners should consider the following factors:
• Does your barber have a disability-related need to consume medical marijuana?
• Would a refusal to allow that barber to use or possess marijuana have the effect of creating a substantive disadvantage for that barber by effectively prohibiting him or her from consuming medically sanctioned marijuana?
• Is there a location available at the Barber Shop, where an employee can discreetly consume the medical marijuana?

Be proactive

It will not be sufficient for Barber Shop owners to simply state that accommodation of a barbers disability-related need to use or possess medical marijuana through his or her working hours will constitute undue hardship. Each case will require an individual analysis of the competing interests and workplace requirements involved. On a proactive basis, Barber Shop policies and procedures should take into account the potential for accommodation of medical marijuana use or possession in the Barber Shop.