RIGHTS RULING IRKS TRUCK COMPANIES

Can't Fire Drivers Who Fail Drug Tests

The head of the Manitoba Trucking Association is frustrated by new
human rights policies that prevent companies from firing truckers who
fail drug tests. Bob Dolyniuk, general manager of the trucking group,
said the new Canadian Human Rights Commission (CHRC) policy on
workplace drug testing has upset the trucking industry by "muddying
the waters" over the legality of the controversial subject.

There is no Canadian legislation on the matter but, since 1997, laws
in the U.S. have required Canadian truck drivers to be tested before
they cross the border -- something CHRC opposes, in principle.

The CHRC reinforced its anti-drug testing position last month when
they updated their 1999 policy. The new guidelines say that
pre-employment and random drug testing violates privacy rights -- even
when conducted on individuals in "safety-sensitive" positions -- and
doesn't indicate impairment on the job.

"Available drug tests do not measure impairment, how much was used or
when it was used. They can only accurately determine past drug
exposure," says the CHRC policy.

Dolyniuk said drivers who refuse drug tests should be fired. The new
CHRC policy lets employers randomly test those in safety-sensitive
positions for alcohol, using a breathalyzer, because that test is
accurate enought to indicate impairment on the job.

As well, the CHRC policy says cross-border truckers banned from U.S.
highways because they tested positive for drugs or alcohol, cannot be
fired. Doing so, said CHRC spokeswoman, Catherine Barratt, would be
discriminatory, because the commission views drug abuse as a
disability. Firing someone because they are disabled is a violation of
human rights, she said.

Instead, employers must keep drivers who fail U.S. drug tests on the
payroll after employees have undergone drug treatment.

Dolyniuk said the "real issue" is a lack of Canadian legislation over
workplace drug testing that has left trucking companies -- which must
test drivers entering U.S. territory -- open to human rights
complaints, he said.

An estimated 16,500 Canadian truck companies are registered to operate
in the U.S -- that's about 40,000 drivers, operating 107,000 trucks.