Now that recreational cannabis is legal, employers hope the policies they've implemented help keep their workplaces safe.

Pete’s Place owner Samantha Vlahos said employees working in her restaurant aren’t allowed to show up impaired by cannabis or bring any weed to work.

“Due to workplace safety, you don’t need to cut yourself, burn yourself because of a stupid action of getting high before work,” said Vlahos. “It comes down on us not on the employee in the end.

“We definitely have to monitor that.”

Jamie Jurczak, a Winnipeg lawyer who's been helping businesses develop workplace policies on cannabis, said legalization has created a heightened awareness around the issue.

She said the shift from illegal to legal use of recreational doesn’t put any added onus on employers, but she said many have been working to develop policies surrounding cannabis use.

"I think the concern might be that it's more readily available,” said Jurczak. “There might be more of a potential for employees to come to work impaired thinking it's not affecting me the way it in fact is."

Jurczak said the difficulty is that there are a lot of unknowns with cannabis such as the levels of impairment and how marijuana affects different people.

Jurczak says employers had the same duty to create a safe work environment when cannabis was only available through the black market as they do now that it's available for legal purchase.

“If they don’t, there absolutely could be ramifications if they don’t take steps to either prevent impairment, ensure fitness for duty,” said Jurczak. “Just because a substance is legal it certainly doesn’t give you the right to be impaired at work, it doesn’t give you a right to necessarily have it with you at work or use it at work.”

“It’s sort of adjusting to this new reality what does it mean to a workplace and employers are trying to get ahead of that.”

The restaurant and food service industry has also been grappling with this issue.

The Liquor, Gaming and Cannabis Authority of Manitoba said the rules remain the same under legalization and that means establishments must not serve liquor to anyone who already appears intoxicated whether that's by liquor, cannabis or other prescription or illegal drugs.

The LGCA has a smart choices training program which is for both the hospitality industry and people working in cannabis stores.

The focus is on identifying intoxication by looking for visible indicators or signs but not necessarily identifying which substance a customer may have used.