PROVINCIAL COMMITTEE WANTS RANDOM DRUG TESTING AT WORK

Alberta should consider amending its human rights law to allow for random
drug testing to make work sites safer, says a government-appointed committee.

The recommendation is part of a report 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 justifiable under the Alberta Human Rights Act, the report says.

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.

"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.

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 work sites.

Human rights tribunals in Ontario and Alberta have ruled 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 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.