FIRM'S DRUG POLICY TESTED

Man Who Uses Marijuana to Ease HIV Wins Hearing After Failed Drug Test

EDMONTON - An HIV-positive construction worker who smokes marijuana to
deal with his illness has won a hearing to decide whether his rights
were breached by a company that denied him work for failing a drug
test.

An Alberta Human Rights Commission officer has already concluded North
American Construction Group Inc.'s policy requiring such
pre-employment checks violates provincial legislation.

But the Spruce Grove firm went to court to block the appointment of a
human rights panel, which could make the first binding decision on
whether to allow this type of drug screening in Alberta.

In a judgment released Wednesday, Court of Queen's Bench Justice Alan
Cooke ruled the panel can go ahead, saying it's important to resolve
when restrictions on taking drugs or alcohol are legitimate job
requirements.

"Frankly, I am at a loss to understand why the (company) would not
wish to have this issue examined," he wrote.

"This ... is of significant concern both from the point of view of the
safety of fellow workers, the catastrophic financial loss of huge
machinery and consequent litigation."

The case involves an Onoway man who in January 2001 was offered a job
with North American to run a bulldozer at the Syncrude plant in Fort
McMurray.

He had to undergo urinalysis for drugs and alcohol, which came up
positive for marijuana. As a result, he was refused the chance at
employment for six months.

He initially denied using the drug, insisting there'd been a mistake,
then admitted occasionally smoking non-prescription pot for 41/2 years
to deal with the nausea he feels from taking HIV medication. HIV is
the precursor to AIDS.

Human rights officer Linda Sasaki's June 2002 report found
pre-employment drug testing is not justified and doesn't prove someone
is incapable of working safely.

She also concluded it was discriminatory to treat the man like a drug
addict without showing flexibility for his circumstances.

While Sasaki recommended North American stop its "discriminatory"
pre-employment drug tests, she found the complainant's lack of candour
made him ineligible for any award.

North American, refused to change its testing policy and argued a
human rights panel can't be appointed if the complainant isn't
entitled to such a remedy.

But Cooke concluded the panel's findings will affect the man and other
workers faced with pre-employment drug screening.

No date has been set for the panel to start its inquiry.