Afternoon Michelle,

I’d start by getting clarity on exactly what’s been prescribed and whether it contains THC. THC is the psychoactive part of cannabis, that’s what gives you the high. CBD is widely available in UK retail products and doesn’t produce a “high”, you could go to your local Holland & Barret right now. although some can contain trace levels of THC, so your client needs that detail before making any decisions.

The second part of your question leans more towards HR. If your client is more bothered about how the employee might be perceived at social events rather than how the individual is actually feeling, that’s probably the wrong starting point. Low mood, anxiety or tearfulness won’t be caused or made worse by CBD itself.

I’d suggest getting a proper breakdown of the medication (actual medical cannabis being supplied similar to the US is becoming a tiny bit more common but rare) and then taking a people-first, supportive approach. A simple open conversation will achieve far more than trying to hide the employee under a rock.

Your client needs absolute clarity about this being an actual prescription (as opposed to doctors advice) and the active substance(s).

They may be an office based worker however they must commute in some form or manner to work.

If they are a driver a prescription does not exclude a charge of "being under the influence".

As to vists to construction sites it is not your clients place to disclose medical information to a third party however they should consider that if a site has a testing policy then it may not be advisible to send this employee but any decision should be made in consultation with the individual.

As to social events that is very much the realm of HR - so many stories of tribunals where people lodged succesful claims for having been / not been invited - unfortunately modern employment law has created a path of egg shells for employers to try and negotiate especially at the end of the calendar year.

Thanks all for your speedy responses.

I have already suggested that occupational health is contacted to discuss the same and HR are already involved.

The employee is not driving at the moment so wouldn't be driving for work. They would use public transport and the client has an electronic lone worker safety alert system in place for all.

With regard to the behaviour at events, the concern is for both the employee and their colleagues should a tricky situation arise.

Thanks again.

Michelle

Not known for going with the crowd....the HR relation point is relevant but to say it is just HR is wrong, if this person is in a safety critical role that should have been reviewed and approriate controls place.

THC (Class B) is a controlled drug and will show up on drugs tests.

CBD - won't be detected if it is pure, most over the counter products are contaminated (and CBD is legal only if no trace THC).

Even with prescribed THC/ CBD:

• Driving or working while impaired is still illegal.
• THC in the body can result in a positive drigs test, even with a prescription.
• Employers do not have to allow a worker to carry out safety-critical duties if THC may impair performance.

Workplace implications

• Even with a prescription, the worker must be fit for duty.
• For safety-critical work, employers often require an OH Assessment to confirm whether THC-containing medication is compatible with the role.
• THC typically shows up in urine/oral fluid drug tests.

The legal status of the product does not override the potential affect on congitive function.  There are many including: 

• Attention lapses → increased likelihood of accidents, procedural mistakes, missed alarms.
• Memory issues → failure to recall safety procedures, permit requirements, isolation steps.
• Slowed reaction → delayed response to emergency situations.
• Impaired judgement → inappropriate risk-taking, misinterpretation of hazard severity.
• Motor impairment → unsafe operation of tools, vehicles, or machinery.

I am sure this has all been or will be taken into consideration, but to say it is a pure HR issue would be a mistake...

This whole issue is part of a real can of worms for H&S and begs the question where does it stop. People do weird things outside of work, which we generally do not regard as being part of our H&S remit.  They sometimes indulge in the use of mind altering substances not all of which are illegal or controlled drugs, the most obvious being alcohol. If an organisation was to ban employees from drinking it would be seen as heavy handed unless there was a good reason to do so. So airline pilots and train drivers are subject to rules as to how and when they are allowed to drink alcohol and they will breathalyse people suspected of turning up work under the influence.  But what about other people, for example a machine operator; do many employers routinely test those people? What about administrative and managerial staff, who can cause lots of damage indirectly by making poor decisions, should they not be held accountable. The CEO in the company car who likes to drive up to the golf club at lunch time for some “networking” and comes back a bit worse for wear.  The original poster mentioned that someone using CBD( or what ever) might embarrass the company at a social event. In the West the very definition of a social  event is one where alcohol is served: no booze not social!

There are people who take prescription drugs which might include side effects, such as drowsiness, but might include  a whole range of symptoms like paranoia.  The main approach to controlling this issue is to winnow out these people before they take up employment offers and get rid of them  if they demonstrate unacceptable behaviours due to what ever drugs they are taking. This though has to be balanced against the employees rights under various pieces of employment legislation.  This places this issue firmly in the remit of the HR department.