CHANGE DRUG TEST LAWS, SAYS GROUP

Alberta should consider amending its human rights law to allow for
random drug testing to make worksites safer, says a
government-appointed committee. The recommendation is part of a report
that was 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 to be justifiable under the Alberta Human Rights Act, says
a copy of the report obtained by The Canadian Press.

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 as they themselves grapple with how to deal with
impaired employees.

"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.

"Our only recourse is to go to the politicians, have them review human
rights legislation and make some changes."

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, especially in the energy and construction industries.

Human rights tribunals in Ontario and Alberta have ruled that
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.