PLANT DRUG TESTING UPHELD

An oilsands lobby group is relieved to see common sense prevail in
the Alberta Court of Appeals' recent decision to put the safety of
many above the recreational drug use of one.

In a decision dated Dec. 28, the Court of Appeal overturned a lower
court's ruling, upholding corporate drug testing policies. The court
ruled John Chiasson had not been discriminated against when fired
from his position at Syncrude Canada in 2002 after testing positive
for marijuana in his pre-employment drug test. He had been contracted
by Kellogg Brown and Root (KBR).

"We are encouraged to see logic prevail in this situation where
safety of the many is seen as paramount to the rights of the
individual," said Brian Maynard, vice-president of the Canadian
Association of Petroleum Producers (CAPP), this morning.

In rendering its decision, the trio of appeal judges wrote "Extending
human rights protections to situations resulting in placing the lives
of others at risk flies in the face of logic." In its decision, the
court also pointed out information about drug testing and subsequent
firings for positive tests were clearly stated in KBR's hiring policy.

"We are pleased with Alberta Court of Appeal's decision in the John
Chiasson case," said Heather L. Browne, KBR spokeswoman in an e-mail
this morning. "KBR is a leader in workplace safety and maintaining
that commitment is the company's top priority. The court's ruling
upholds that commitment and we look forward to continuing our work in
that regard."

While CAPP recognizes the need to accommodate legitimate human rights
issues, there remains the possibility this case could be further
appealed. Industry has more clarity now than it had before with the
drug testing issue.

"I think you'll see industry reacting in accordance with this current
decision," added Maynard. "(We're) very encouraged to see a step in
the right direction."

This type of law "is evolving and we're watching very closely.
Obviously we will review this ruling with great interest," said Alain
Moore, Syncrude spokesman. Syncrude was one of a number of companies
that had some type of intervenor status during the appeal hearing in
October 2007.

After Chiasson was fired, hecomplained to the Alberta Human Rights
Commission. It ruled he was not discriminated against.

In 2006, Justice Sheilah Martin of the Alberta Court of Queen's Bench
overturned that decision, ruling Chiasson should have been treated
the same as someone with a drug addiction which is considered a
disability under human-rights case law.

During its review of the case, the appeals court noted that the human
rights panel decision finding Chiasson was employed in a safety
sensitive position at a hazardous work site because there was no
perceived disability. The evident logic was if KBR had perceived a
disability, Chiasson would not have been assigned that type of work.

While the lower court had ruled he should have been treated as
someone with an addiction, it was determined Chiasson was not a drug
addict given the evidence, and his own admission he was only a
recreational pot smoker, according to court documents.

Also, his termination was not based on the perception by any KBR
employees that he was a drug addict. Those were findings of fact made
by the human rights panel, and as such are reviewable on a standard
of patent unreasonableness.

"It's one of the biggest issues for the industry," noted Maynard. "We
take safety very, very seriously, whether it's the safety of our
employees or safety of the communities in which we operate. All of
which can be potentially exposed if you have someone who is suffering
from the effects of drugs or alcohol. To us, it is a little bit
illogical that you would put people's lives at risk. Anything that
.. improves safety ... is a step in the right direction."

While drug and alcohol use continue to be priorities in industry
safety, CAPP and its members continue work on other safety issues
such as safe driving practices, cellphone use while working and fatigue.

The research is fairly clear on cellphone usage, said Maynard: it is
a major distraction and an unsafe practice. He added many member
companies already have cellphone policies in place, prohibiting their
use during work. That also comes into play for drivers, whether it's
driving a heavy hauler or a small personal use vehicles.

CAPP is also looking at best practices around fatigue management that
calls for an education program with employees and supervisors to
recognize early symptoms.