ALBERTA COURT OKS EMPLOYEE DRUG-TESTING

EDMONTON -- Construction and energy companies are happy with an
Alberta court ruling that upholds the right of employers to test
workers in safety-sensitive jobs for drugs.

The Alberta Court of Appeal's decision overturned a lower court
judgment that said Kellogg, Brown & Root Co. discriminated against a
man in 2002 when it fired him from an oilsands project near Fort
McMurray after he tested positive for marijuana.

John Chiasson, who admitted to being a recreational pot smoker, filed
a complaint with the Alberta Human Rights Commission, which ruled
against him. The commission said there needs to be a balance between
an individual's human rights and the needs of an employer in protecting others.

But Court of Queen's Bench Justice Sheilah Martin then ruled in his
favour. She said he should have been treated the same as someone with
a drug addiction, which is considered a disability in human rights case law.

The panel of three Appeal Court justices disagreed. "We see this case
as no different than that of a trucking or taxi company which has a
policy requiring its employees to refrain from the use of alcohol for
some time before the employee drives one of the employer's vehicles,"
the justices wrote.

Kellogg, Brown & Root, one of the largest construction firms in the
world, was helping to build an expansion to Syncrude Canada's plant
at the time of Chiasson's case.

Commission lawyer Janice Ashcroft said the Court of Appeal ruling
will be reviewed before determining whether to seek leave to have the
case heard by the Supreme Court of Canada.

"It is important to employers and employees to clarify what is the
role of human rights when it comes to drug testing," Ashcroft said.

During the original court case, officials with oilsands giant
Syncrude testified that the company's lost-time rate from accidents
has dropped in part because of drug and alcohol testing.

Syncrude, Suncor, Albian Sands and other major oilsands heavyweights
test their employees for drugs before they are allowed on jobsites.