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Alberta should consider amending its human rights law to allow for random drug testing to make worksites safer, says a government-appointed committee. The recommendation is part of a report that was submitted to the province in July 2003 but has not been made public.
The province should consider "legislative solutions" if such testing isn't found to be justifiable under the Alberta Human Rights Act, says a copy of the report obtained by The Canadian Press.
The government's silence on the issue prompted members of the oil and gas sector to write a letter this month asking the province to respond to the report as they themselves grapple with how to deal with impaired employees.
"Employers are not aided when human rights commissions are making rulings that employers cannot test their workers for drug or alcohol use," said Patrick Delaney of the Petroleum Services Association of Canada. He helped write the report and the letter.
"Our only recourse is to go to the politicians, have them review human rights legislation and make some changes."
Other groups that worked on the report include the Construction Owners Association of Alberta and the Alberta Building Trades Council.
If government doesn't take a firm position on testing, the issue is expected to evolve based on court and tribunal decisions.
Alcohol and drug testing is already a fact of life at some Alberta worksites, especially in the energy and construction industries.
Human rights tribunals in Ontario and Alberta have ruled that employers can test workers for justifiable reasons - if they are in safety-sensitive positions, for example, or after an accident.
While there are no rules governing testing, the Alberta Human Rights Commission says blanket random testing is discriminatory.
Tribunals have also ruled that employees who test positive can't be automatically fired. It's been suggested someone with a substance dependency is considered to suffer from a disability and should be offered treatment.
Such positions have hamstrung companies as they try to deal with employees who show up impaired from alcohol, marijuana and such hard drugs as crystal meth, said Delaney.
"This is equipment that is very unforgiving. One slip and you've got a fatality. And in a worse-case scenario you could have a catastrophic event.
"The right of someone for a safe worksite trumps your right to have a drink or shoot up or snort something."
Last June, Clint Dunford, then Alberta's minister of human resources, said he would like to see mandatory drug testing within five years. Dunford was moved to another department after the November provincial election.
That same month the Alberta Alcohol and Drug Abuse Commission updated its position on drug testing, making it clear the agency doesn't favour random tests.
"AADAC does not recommend alcohol and drug testing for employees unless there is evidence that substance abuse is compromising workplace safety," says the agency.
Mike Cardinal, Dunford's successor, declined interview requests about the report and the letter.
"He wants more time. It is being reviewed right now," said department spokesman Chris Chodan.
Alberta has no statistics on drug-or alcohol-related accidents, he said.
Government and industry are not alone as they struggle to come to grips with drug testing.
The issue has split Alberta's labour movement.
Mark McCullough, president of the Alberta Building Trades Council, helped write the report. He said random tests are justified if they fall within the context of a comprehensive employee treatment program.
"My personal opinion is that safety takes precedence over the right to be impaired at a worksite," said McCullough.
"We want government to give a very clear signal that testing is not contrary to human rights and, if it is contrary, fix it. Have legislation that fixes it."
Don MacNeil of the Communications, Energy and Paperworkers union said there is no proof random testing is effective.
In 2002, an AADAC survey suggested 11% of employees in Alberta reported using alcohol at work, while one per cent reported using drugs.
Marie Riddle, director of the Alberta Human Rights Commission, said testing complaints have been filed by employees and she expects to see more.
"There is no question that safety in the workplace is important. But so are the rights of people with disabilities," she said. "Finding a way to balance all of those things is the task and it is not an easy task."
In the meantime, members of the oil and gas sector have formed a task group to look at how best to navigate the murky issue.
Deborah Walsh of the Canadian Association of Petroleum Producers said while some companies have individual policies, they want more information and have asked the province for a copy of the report.
"We are looking for consistency," she said.
"It is important for our process to know where the government is going with this."
Source: Edmonton Sun (CN AB)
Copyright: 2005, Canoe Limited Partnership.
Contact: mailbag@edm.sunpub.com
Website: Canoe.Com
The province should consider "legislative solutions" if such testing isn't found to be justifiable under the Alberta Human Rights Act, says a copy of the report obtained by The Canadian Press.
The government's silence on the issue prompted members of the oil and gas sector to write a letter this month asking the province to respond to the report as they themselves grapple with how to deal with impaired employees.
"Employers are not aided when human rights commissions are making rulings that employers cannot test their workers for drug or alcohol use," said Patrick Delaney of the Petroleum Services Association of Canada. He helped write the report and the letter.
"Our only recourse is to go to the politicians, have them review human rights legislation and make some changes."
Other groups that worked on the report include the Construction Owners Association of Alberta and the Alberta Building Trades Council.
If government doesn't take a firm position on testing, the issue is expected to evolve based on court and tribunal decisions.
Alcohol and drug testing is already a fact of life at some Alberta worksites, especially in the energy and construction industries.
Human rights tribunals in Ontario and Alberta have ruled that employers can test workers for justifiable reasons - if they are in safety-sensitive positions, for example, or after an accident.
While there are no rules governing testing, the Alberta Human Rights Commission says blanket random testing is discriminatory.
Tribunals have also ruled that employees who test positive can't be automatically fired. It's been suggested someone with a substance dependency is considered to suffer from a disability and should be offered treatment.
Such positions have hamstrung companies as they try to deal with employees who show up impaired from alcohol, marijuana and such hard drugs as crystal meth, said Delaney.
"This is equipment that is very unforgiving. One slip and you've got a fatality. And in a worse-case scenario you could have a catastrophic event.
"The right of someone for a safe worksite trumps your right to have a drink or shoot up or snort something."
Last June, Clint Dunford, then Alberta's minister of human resources, said he would like to see mandatory drug testing within five years. Dunford was moved to another department after the November provincial election.
That same month the Alberta Alcohol and Drug Abuse Commission updated its position on drug testing, making it clear the agency doesn't favour random tests.
"AADAC does not recommend alcohol and drug testing for employees unless there is evidence that substance abuse is compromising workplace safety," says the agency.
Mike Cardinal, Dunford's successor, declined interview requests about the report and the letter.
"He wants more time. It is being reviewed right now," said department spokesman Chris Chodan.
Alberta has no statistics on drug-or alcohol-related accidents, he said.
Government and industry are not alone as they struggle to come to grips with drug testing.
The issue has split Alberta's labour movement.
Mark McCullough, president of the Alberta Building Trades Council, helped write the report. He said random tests are justified if they fall within the context of a comprehensive employee treatment program.
"My personal opinion is that safety takes precedence over the right to be impaired at a worksite," said McCullough.
"We want government to give a very clear signal that testing is not contrary to human rights and, if it is contrary, fix it. Have legislation that fixes it."
Don MacNeil of the Communications, Energy and Paperworkers union said there is no proof random testing is effective.
In 2002, an AADAC survey suggested 11% of employees in Alberta reported using alcohol at work, while one per cent reported using drugs.
Marie Riddle, director of the Alberta Human Rights Commission, said testing complaints have been filed by employees and she expects to see more.
"There is no question that safety in the workplace is important. But so are the rights of people with disabilities," she said. "Finding a way to balance all of those things is the task and it is not an easy task."
In the meantime, members of the oil and gas sector have formed a task group to look at how best to navigate the murky issue.
Deborah Walsh of the Canadian Association of Petroleum Producers said while some companies have individual policies, they want more information and have asked the province for a copy of the report.
"We are looking for consistency," she said.
"It is important for our process to know where the government is going with this."
Source: Edmonton Sun (CN AB)
Copyright: 2005, Canoe Limited Partnership.
Contact: mailbag@edm.sunpub.com
Website: Canoe.Com
