Drug Use in the Construction Industry

Quebec’s construction industry is a demanding workplace environment where safety comes first. However, substance use and impaired faculties among worksite workers present a significant health and safety risk, furthermore putting the quality of work executed at stake. This ongoing issue needs a comprehensive and concerted strategy from employers, labour unions, and relevant authorities. 

What the Law Says About Drug Use on Worksites

“At times, it smells like cannabis in the restrooms or hallways around lunchtime, and even during work hours.” (Quote translated by RenoQuotes into English)

– Simon Lévesque, Labour Union Health and Safety Officer

Workers consume illicit substances for a variety of reasons, he went on to explain. Some to relieve "shoulder pain," for example, "allowing them to keep up."

Following the enactment of the Act to constitute the Société québécoise du cannabis (SQDC), new employer and worker obligations came into play on October 17, 2018.

Below are the new articles instated in the Act respecting occupational health and safety: 

Article 49.1 Condition of a worker – A worker must not perform [their] work if [their] condition represents a risk to [their] health, safety or physical or mental well-being or that of other persons at or near the workplace by reason, in particular, of [them] being impaired by alcohol, drugs, including cannabis, or any similar substance.

Impaired faculties – On a construction site, the condition of a worker who is impaired by alcohol, drugs, including cannabis, or any similar substance, represents a risk for the purposes of the first paragraph.

Article 51.2 Condition of a worker – The employer must see to it that a worker does not perform [their] work if [their] condition represents a risk to [their] health, safety or physical or mental well-being or that of other persons at or near the workplace by reason, in particular, of [them] being impaired by alcohol, drugs, including cannabis, or any similar substance.

Impaired faculties – On a construction site, the condition of a worker who is impaired by alcohol, drugs, including cannabis, or any similar substance, represents a risk for the purposes of the first paragraph.

Guillaume Houle, spokesperson for the Association de la construction du Québec (ACQ), states his concern: “The situation has to be taken seriously, regardless of how many times it occurs, that’s for sure.” 

“These situations can happen, in the same way as a worker can show up to their place of work under the influence of alcohol,” Houle continues.

Employers must “take the appropriate disciplinary measures—steps to ensure said individual cannot harm themselves or endanger the safety of others.” 

“All construction sites are extremely dangerous, therefore, a worker under the influence of drugs or alcohol could result in disastrous consequences.”

(*Quotes translated by RenoQuotes into English) 

Prevalence of Substance Abuse in Construction

While there’s a lack of accurate data, several studies and reports highlight the prevalence of drug use in the construction industry in Quebec. According to an investigation led by the Commission des normes, de l’équité, de la santé et de la sécurité (CNESST), construction workers figure amongst the most at-risk groups when it comes to psychoactive drug use.

There are a lot of reasons for this prevalence, most notably extremely physically demanding work conditions, long hours, stress, and the machismo culture that often rules worksites. Furthermore, the accessibility and trivialization of certain substances, such as cannabis, can contribute to their widespread use in such settings. 

What Are Examples of Risks Associated with Substance Abuse on Worksites?

Drug consumption on construction sites presents numerous safety-related risks to workers, putting work quality at stake and resulting in the employer's legal liability. 

Safety Hazard

• Diminished physical and cognitive abilities: Illicit drugs can alter coordination, balance, reaction time, and focus, thereby increasing the risks of accidents involving falls, heavy machinery, and hazardous tools. 

• At-risk behaviour: Under the influence of drugs, workers can exhibit unsafe behaviour, such as neglecting to wear their personal protective equipment (PPE) or disregarding safety procedures.

• Overdose risk: Excessive drug use, such as opioids, can lead to potentially fatal overdoses on worksites.

Work Quality at Stake

• Error in judgement: The effects of drugs can impair decision-making and judgement, which may result in costly errors in either work design or execution.

• Drop in productivity: Workers under the influence of substances tend to be less productive, which can delay project timelines and increase costs. 

• Botched work: Drug use can lead to neglecting workmanship and building defects, compromising the integrity and durability of structures. 

Legal and Financial Risks

In Quebec, employers are held legally responsible for implementing the necessary measures to protect the health, safety, and physical integrity of their employees, as per the Act respecting occupational health and safety and the Safety Code for the construction industry. Neglecting to abide by said obligations can lead to legal proceedings, significant fines, and proceedings under the Criminal Code in the event of serious accidents. 

According to a report published in July 2022, 30% of the reported victims of fatal opioid overdoses in 2020 were construction workers.

Furthermore, accidents, delays, and construction defects related to drug use can lead to significant additional costs for construction companies, as well as civil legal proceedings from clients or injured third parties. 

Drugs and Alcohol On-Site: Control and Prevention Strategies

Given the serious, higher risks associated with said substances, Quebec-based construction companies must implement proactive strategies to tackle and prevent drug use on worksites. Below are some key strategies to consider:

Raising Awareness and Training

• Awareness campaigns: Organize awareness campaigns to inform workers of the dangers of drug use, the potentially dire consequences, and the available resources. 

• Safety training: Include modules on the risks associated with drug use during mandatory workplace safety training.

• Employee assistance programs: Implement employee assistance programs (EAP), offering confidential support to workers suffering from drug dependencies. 

Policies and Procedures

• Clear-cut drug policy: Establish and communicate a well-defined policy prohibiting the use, possession, and sale of illegal substances on worksites, as well as working while cognitively impaired. 

• Drug testing: Implement a random—or not—drug testing program to detect and prevent the use of drugs on worksites, while adhering to human rights laws.

• Disciplinary procedures: Define, clearly and concisely, the disciplinary procedures for workers breaking the drug policy, from handing out warnings to suspending or terminating contracts. 

Healthy Workplace

• Promote well-being at work: Encourage a healthy lifestyle by offering fitness classes, healthy nutrition tips, and stress management resources. 

• Improve workplace environment: Monitor tough working conditions, such as long hours and physically demanding tasks, and look for ways to improve and lessen the itch to turn to drugs. 

• Positive company culture: Encourage a positive company culture that values safety, mutual respect, and peer support.

Drug use on Quebec's construction sites is a major challenge when it comes to worker safety, quality of work, and the legal liability of employers. 

However, by adopting a comprehensive approach, coupling awareness and firm policies with assistance programs, and promoting a healthy work environment, construction companies can help prevent and control this troublesome situation effectively. 

A healthy and sober workforce is key to ensuring the safety, productivity, and sustainable success of Quebec’s construction industry. 

If you're looking to read more about mental health in the construction industry, check out this article: Mental Health in the Construction Industry