MINISTER REJECTS MANDATORY DRUG-TEST LAW

Lawrence Cannon Says Ferry Operators Already Have the Power to Test
Employees for Narcotics

Federal Transport Minister Lawrence Cannon won't legislate mandatory
drug testing to weed out pot-smoking crew members on B.C. Ferries'
northern fleet.

Cannon says Canada's ferry operators already have the power to perform
regular drug testing on employees, and he has instructed B.C. Ferries
to get its own ship in order.

The Transportation Safety Board investigation into the Queen of the
North's sinking in March 2006 -- which claimed two lives -- revealed
Wednesday that some crew members regularly smoke marijuana on and off
the ship.

An internal B.C. Ferries investigation blamed human error for the
sinking, but the safety board said there is no evidence the two
bridge-crew members were impaired when the ferry rammed into Gil
Island and sank en route from Prince Rupert to Port Hardy.

In the wake of recent developments, Cannon is demanding "results now"
regarding the use of cannabis by employees of B.C. Ferries' northern
fleet, and said in an e-mail he will write to remind ferry operators
they have the power to perform regular drug testing.

"The government urges B.C. Ferries to act swiftly and efficiently to
address any concerns by the TSB," Cannon wrote. "This government will
ensure that we continue to have transportation systems that are
unparalleled in their safety."

Transportation press secretary Karine White said yesterday B.C.
Ferries has all the tools it needs to ensure crew members aren't
impaired: "They can have their employees have drug and alcohol tests,"
White said. "We are not going make this law."

The Canadian Human Rights Commission Policy on Drug Testing says
companies can test for alcohol in people in safety-sensitive
positions, but random drug testing is prohibited because urine tests,
which can detect the presence of drugs, can't pinpoint when the person
was impaired.

Scott Macdonald, assistant director at the Centre for Addictions
Research B.C., said that urine tests will detect drug use as far back
as three or four weeks. Only a blood test will reveal whether drugs
were used within hours.

According to the Human Rights Commission, both drug and alcohol tests
can be performed in situations where there is "reasonable cause," or
after an accident where impairment is a strongly suspected cause.

But B.C. Ferries president David Hahn isn't backing down, saying the
policy doesn't go far enough.

"It's a fight worth fighting because public safety trumps everything,"
Hahn said. "I think we can toughen up our policies but there is a
point ... where we can do more ... I don't have the authority to do
the most."

Hahn said he's aware of the corporation's rights and intends to "push
the envelope" with tougher policies while being respectful of human
rights. "I don't know what the right balance is yet," Hahn said.

Drug and alcohol testing, if introduced, would focus on
safety-sensitive jobs, reasonable cause and significant events and
would not be "everyday or every person," Hahn said.

"You're not looking for everyone before they come to work in the
morning getting a cup [to pee in]," he said. "We're looking at
something that's reasonable, fair and balanced. "

The ferry corporation and union have spent four months drafting a drug
and alcohol policy that includes assistance, rehabilitation, education
and awareness programs.

B.C. Ferry and Marine Workers' Union president Jackie Miller said the
two sides are working on a reasonable policy but the union would fight
mandatory random drug testing -- even though she encourages a national
discussion on the issue.

Capt. Rolf Leben, who sailed the Queen of the North route for seven
years, said he has long been aware of soft-drug and alcohol use aboard
northern ferries and said the problem extends from management to deckhands.

Leben said he supports mandatory testing: "If someone doesn't agree
with that, they have something to hide."

Drug and alcohol testing are mandatory and random in the U.S.
transportation industry.

The ferry corporation brought in a zero-tolerance policy for substance
use and impairment on the job in 2005, and has fired employees who
contravened it.