Overview

Being impaired by cannabis, alcohol or illegal or prescription drugs can make it more difficult to react quickly and perform tasks safely and can present hazards that endanger everyone at work.

The Occupational Health and Safety Act sets out rights and duties of workplace parties — including constructors, employers, supervisors, and workers — to prevent injuries and keep workplaces safe. What you need to do to comply with those duties will depend on the circumstances at the workplace, including whether there are hazards due to impairment in the workplace from drug or alcohol use.

You are responsible for knowing your rights and duties under the law. This information does not replace the Occupational Health and Safety Act and its regulations and should not be used as or considered legal advice. We have included links to other websites, but this does not mean that we endorse their information as compliant with the Occupational Health and Safety Act or the regulations. Health and safety inspectors apply the Occupational Health and Safety Act and the regulations based on the facts in the workplace. Other laws might apply.

Requirements for constructors

Constructors have a duty to ensure that workers’ health and safety on a project is protected and that every employer, supervisor and worker performing work on the project complies with the OHSA and regulations. Learn more about the duties of a constructor under the Occupational Health and Safety Act.

Requirements for employers

Identify and address hazards

As an employer, you must take every precaution reasonable in the circumstances for the protection of a worker. You should assess the circumstances of your workplace and identify any hazards. Depending on the circumstances, this may include making sure workers are not:

  • impaired while performing their work
  • introducing hazards to the workplace because of being impaired due to substance use

Review your health and safety policy

Under the Occupational Health and Safety Act, you must:

As part of that policy, it may be reasonable to include a section that addresses workplace impairment from substance use.

Make sure workers and supervisors are informed

As an employer, you must provide workers with information, instruction and supervision to protect their health or safety. This could include providing training to:

  • workers on the dangers of using equipment or machinery while impaired due to substance use
  • supervisors on how to recognize signs of workplace impairment due to substance use

Learn more about general employer duties under the Occupational Health and Safety Act.

Requirements for supervisors

Supervisors have general duties under the Occupational Health and Safety Act that may apply to workplace impairment. As a supervisor, you must:

  • inform a worker of any potential or actual dangers to their health and safety that you are aware of
  • take every precaution reasonable in the circumstances for the protection of a worker

For example, if you know that a worker is impaired and may cause a hazard in the workplace, you must take every precaution reasonable in the circumstances to protect them and other workers. This could include stopping the impaired worker from doing work that may be hazardous.

Learn more about general supervisor duties under the Occupational Health and Safety Act.

Information for workers

As a worker, you play a key role in health and safety at the workplace and must work in compliance with the Occupational Health and Safety Act and regulations.  You can hurt yourself or others if you are working impaired by drugs or alcohol.

Under the Occupational Health and Safety Act, you:

  • must work in a way that will not hurt yourself or another worker
  • should know about workplace hazards and what to do about them
  • have a right to refuse work that you believe is unsafe

Tell your employer or supervisor if you:

  • feel you are not able to work safely
  • see anyone working unsafely
  • notice any hazards

Learn more about worker duties under the Occupational Health and Safety Act.

Specific requirements for mining, offshore drilling and diving operations

Learn about the specific requirements under the Occupational Health and Safety Act regulations related to alcohol and drugs in workplaces that involve:

Commercial drivers – zero tolerance for alcohol or drugs

If you are driving a commercial vehicle you cannot have any drugs or alcohol in your system. You will face these penalties, plus you can face additional penalties for impairment just like any other fully-licenced driver:

  • First time
    • 3-day immediate roadside licence suspension
    • $250 penalty
  • Second time
    • 3-day immediate roadside licence suspension
    • education or treatment program
    • $350 penalty
  • Third time
    • 3-day immediate roadside licence suspension
    • education or treatment program
    • Ignition Interlock condition for six months
    • $450 penalty

You’ll also have to pay a licence reinstatement fee every time your licence is suspended.

Learn more about impaired driving.

Smoking and vaping in the workplace

The Smoke-Free Ontario Act, 2017 protects workers and the public from second-hand smoke and vapour. In enclosed workplaces, it is illegal to:

  • smoke tobacco
  • use electronic cigarettes (e-cigarettes) to vape any substance including cannabis
  • smoke cannabis (medical or recreational)

Employers can also create policies to restrict smoking and vaping that go beyond the requirements set out in the Smoke-Free Ontario Act, 2017, such as restricting smoking and vaping in non-enclosed workplaces. 

Hospitals, hospices, care homes and other facilities

 Smoking or vaping is not allowed in residential care facilities, such as:

  • long-term care homes
  • veterans’ facilities
  • psychiatric facilities
  • retirement homes that provide care
  • provincially-funded supportive housing residences (for example, homes for special care or community homes for opportunity)

Such facilities are enclosed workplaces.

However, some facilities may open and operate an indoor controlled area so that residents may smoke or vape, provided that:

  • the employer and proprietor register the controlled area with the Ministry of Health and complies with the Smoke-Free Ontario Act, 2017 and its regulation
  • only residents can smoke or vape in the controlled area (guests may accompany residents, but they are not allowed to smoke or vape in the room)
  • residents who want to smoke or vape in the controlled area can do so independently and without employee assistance
  • the room meets the requirements for structure, ventilation and maintenance set out under the Smoke-Free Ontario Act, 2017
  • employees are not required to enter the controlled area
  • required signs are posted outside the controlled area

In addition, the Smoke-Free Ontario Act, 2017 prohibits smoking and vaping:

  • within 9 metres from the entrance or exit of hospitals (public/private), psychiatric facilities, long-term care homes, independent health facilities; and
  • on outdoor grounds of hospitals (public/private) and psychiatric facilities

Learn more about where you can and cannot smoke or vape cannabis.

Addiction as a disability

Under Ontario’s Human Rights Code, addiction is a disability that is ground from which a person is protected from discrimination and would have to be accommodated. The code requires employers to accommodate the needs of a worker with a disability, up to the point of undue hardship.

To learn more, contact the Ontario Human Rights Commission or read their information about:

Naloxone in the workplace

The OHSA was amended to require an employer who becomes aware, or ought reasonably to be aware, that there may be a risk of a worker having an opioid overdose. The naloxone kit must be available at the workplace where that worker performs work.

The employer would be required to maintain the naloxone kit in good condition.

When there are workers in the workplace, the employer must ensure the naloxone kit is in the charge of a worker who works in the vicinity of the kit. This worker must be trained in:

  • recognizing an opioid overdose
  • administering naloxone
  • any hazards related to the administration of naloxone

Employers are prohibited from disclosing more personal information than is reasonably necessary to comply with the requirements.  

These amendments are not yet in force. We will develop guidance on these requirements in the future.

Other resources

Canadian Centre for Occupational Health and Safety factsheets

Health and safety system partner resources

The Ministry of Labour, Immigration, Training, and Skills Development’s health and safety partners have other resources to help workplaces manage impairment in the workplace.

Infrastructure Health & Safety Association

Public Services Health & Safety Association (PSHSA)

Workplace Safety North (WSN)

Workplace Safety & Prevention Services (WSPS)