Dr. Walker questions the Minister for Industrial Relations regarding cannabis testing policies in WA, comparing them to California's AB 2188 and advocating for protections for medicinal cannabis users. The Minister's response refers to existing WHS legislation and employer responsibility.

AnsweredQoN 855Legislative Council
Asked
14 August 2024
Portfolio
Industrial Relations

QuestionView source ↗

CANNABIS TESTS
855. Hon Dr BRIAN WALKER to the parliamentary secretary
representing the Minister for Industrial Relations:
I refer the minister to recent
legislation signed into law by the California state legislature, commonly known
as AB 2188, which will prohibit employers from using cannabis tests that detect
THC's non-psychoactive metabolites and prevent employers from
discriminating against a person in hiring, termination or other employment
actions based on the individual's use of cannabis off the job and away
from the workplace.
(1) Is the minister aware that Chevron has, as of
February this year, changed its work practices in California in anticipation of AB 2188 becoming law, while here
in WA the company continues to parrot a zero-tolerance line?
(2) Will the
government consider introducing similar legal protections here in WA for those
with a valid medicinal cannabis prescription?
(3) If no to (2),
why not; and can the minister explain to the house and the public why medicinal
cannabis patients continue to be treated like second-class citizens on the Cook
government's watch when there are clearly scientific options available
to government to allow equity and social justice to prevail?

AnswerView source ↗

I thank the honourable member for
some notice of the question. The following answer has been provided to me by
the Minister for Industrial Relations.
(1)–(3) Under Western Australia's work health and
safety legislation, a person conducting a business or undertaking is
responsible for determining their drug and alcohol policy based on the specific
hazards associated with their workplace.

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