CAN EMPLOYERS TEST FOR POT?

They Can But May Face Challenges

Drug and alcohol testing programs can be implemented in workplaces in
Canada -- and employees suspended or fired as a consequence of the
results.

But Karen Izzard of the Canadian Human Rights Commission said Friday
that employers who choose to do so face human-rights complaints or
lawsuits.

Drug and alcohol testing has become an issue in the wake of concerns
raised last week by the Transportation Safety Board that B.C. Ferries
crew members on the ill-fated Queen of the North smoked marijuana
between shifts.

Izzard, a lawyer and policy advisor with the commission, is now
reviewing its 2002 policy on drug and alcohol testing.

"[An] employer could embark upon a drug-testing program that might
involve random testing of employees. However, we would caution that
employer that they might be risking a human-rights complaint being
made against them, depending on what they do if someone tests positive."

Izzard confirmed there is mandatory testing of some employees in
Canada, but because of confidentiality could not identify their employers.

Linda O'Connor, communications manager for the Ministry of Labor and
Citizen Services, said the Employment Standards Act does not govern an
employer in setting its personnel policy.

"If they want to administer a drug test, they can," said
O'Connor.

If a drug test is positive and the employee is terminated, they can
file a civil action suit or a complaint with the Employment Standards
Branch, which falls under Labor and Citizen Service. Under the
Employment Standards Act, the maximum severance that employee could
get is eight weeks salary.

Drug and alcohol testing is done with either blood or urine samples.
Blood samples are more immediate but more complicated than peeing into
a sample bottle.

Another problem with urine is that it may be in the body longer, thus
diluting the active nature of the drug being tested.

The Canadian Charter does not clarify the situation.

But drug and alcohol testing is becoming more common.

Canadian truckers going to the U.S., for example, are part of a random
testing program because American regulations require such testing.
Anyone failing is subject to a suspension but there is an appeal
process and drivers can earn their status back.

Amd the Construction Labour Relations Association of B.C. is working
with its 16 unions on a consensual agreement, according to association
spokesman Clyde Scollan.