DRUG TESTING GUIDELINES IN THE WORKS

Congratulations on the recent article, "Workplace drug tests: to pee or not
to pee," which appeared in The Journal on July 11 and explored the myriad
of complex issues regarding drug and alcohol testing in the workplace. The
article referred to the potential intrusiveness of such procedures and the
privacy and human rights implications.

Alberta's new private sector privacy law, the Personal Information
Protection Act (PIPA), provides rules for collecting, using and sharing
personal information by private sector organizations in Alberta. The new
law specifically addresses privacy in the context of the employment
relationship and requires a balancing of the privacy rights of individual
employees against the interests of the organization (employer).

It seems reasonable to expect that the Personal Information Protection Act
will encompass and incorporate the solid body of decisions made by labour
arbitrators, labour relations boards, human rights commissions and courts
in this complex area of law.

In the event an organization decides to implement drug and alcohol testing
in the workplace, the PIPA requires that employees be informed as to what
information will be collected, how it will be used, and the circumstances
(if any) under which it will be disclosed. Organizations must ensure that
testing methods are both accurate and reliable. Individuals should be
informed of the consequences of refusing to participate.

My office is working with the British Columbia privacy commissioner's
office, which has a similar law, to develop guidelines for organizations
regarding drug and alcohol testing in the workplace. In the interim, I am
encouraged by articles such as The Journal's which help to raise awareness
of these complex issues.

Frank Work, Information and Privacy Commissioner of Alberta