Breakout Session: Navigating the Haze of Legalized Marijuana in the Construction Industry With 17 states having legalized marijuana, companies are left to figure out how to address the legal and practical aspects of marijuana usage. Learn how companies from the U.S. and Canada are tackling the issue and what you can do today to start managing it within your own company. Panelists: Pat Collins, Director, Product Marketing, Link-Belt Cranes Ryan Long, Regional Operations Manager, Irving Equipment Limited Bob Picken,Vice President Global Risk Management, Sterling Crane Victoria O’Neil, Health & Safety Coordinator, Matcom

1. Navigating the Haze of
Legalized Marijuana In The
Construction Industry
Bob Picken

2. Background
• Marmon Crane Services
• Operations in Australia, Canada and USA
• Sterling Crane (Canada)
• Founded in 1954
• 19 branches in 5 provinces
• Sterling Crane (USA)
• Started via acquisition in 2004
• 11 branches in 6 states

3. Alcohol and Drug Testing Program
• Basics
• Implemented the program in Canada in the mid-1990’s
• In most provinces fully supported by Union Locals
• Includes
• Pre-employment, post-incident, and reasonable cause
• Pre-site access if required by client
• USA – DOT testing for Commercial Drivers
• Random testing for individuals on a “Return to Work program” post
• Cut-off limits for all tests are the same as USA DOT

4. Legalization in Colorado (2014)
Prior to Sterling’s policy stated:
• Illicit Drugs: The following are prohibited while on Company business,
worksites:
• the use, possession, distribution, offering or sale of illicit Drugs or
including any product or device that may be used to tamper with a test
• reporting for work or remaining at work under the influence of illicit
• a positive drug test as a result of a test performed under this policy.
• Illicit Drug means any Drug or substance which is not legally obtainable and
whose use, sale, possession, purchase or transfer is restricted or prohibited
street drugs such as marijuana and cocaine).
• As illegal Federally in the USA, no changes were made and continues to this
positions

5. Legalization in Canada (October
2018)Sterling’s policy added:
• Recreational Cannabis: The use, possession, distribution, offering or sale
of recreational cannabis is prohibited when on Company business,
worksites. Employees cannot:
• report for work or remain at work under the influence of marijuana
• consume marijuana during the workday or shift, including during
breaks;
• have a positive drug test as a result of a test performed under this
• use marijuana after an incident until tested or advised by the Company
not required.
• Medications: Employees are expected to responsibly use prescribed,
medical authorized and over-the-counter medications. Medications of
concern are those that inhibit or may inhibit an employee’s ability to
safely.

6. Challenges Post-Legalization in
Canada
• Medicinal “Marijuana”
• Legal prior to October 2018, but required a letter of
• Employers have a duty to accommodate, but up to what point
Sensitive Positions?
• Apply your policy limits
• “But it’s legal”
• “So is alcohol … to a particular limit”
• Inform our staff and potential staff that we use the same cut-off
Federal and Provincial governments
• Uncertainty as to how much an individual can smoke, ingest to

7. Challenges Post-Legalization in
Canada
• Lifestyle versus Impairment
• Was the individual “impaired at the time of the incident
• Differences in Urinalysis vs Oral Fluid testing
• Post-incident and Reasonable cause checklist
• Considers the physical and mental conditions of the individuals
• Client expectations
• Several experts are consistent in their view that no level of THC
safe, and as long as a test indicates the likelihood of THC in
defensible from occupational health and safety perspective

8. Challenges Post-Legalization in
Canada
• Staff Training
• Understanding our policy
• Understanding the differences between alcohol and marijuana
• Recognizing the signs of marijuana use – cannot rely on smell
current products are harder to detect and more potent
• Edibles
• It can take up to four hours to feel the full effects of edible
consuming more within this time can result in over-intoxication,
severe anxiety and panic, nausea and vomiting, and symptoms
(paranoia).
• The intoxicating effects can last up to 12 hours, with some
lasting up to 24 hours