Pubdate: Mon, 5 Jun 2000 Source: Fernie Free Press(CN BC) Copyright: 2000 Sterling News Service Phone: 205-423-4666 Fax: 250-423-3110 Contact: http://sterlingnews.com/Fernie Author: Bobbie Saga MINE USING DRUG TESTING TO KEEP WORKPLACE SAFE SPARWOOD - Mandatory drug and alcohol testing of employees involved in accidents at Fording Coal Ltd. is being challenged by the United Steelworkers of America, Local 7884. The union has filed a grievance with Employment Standards under section 104 of the Labour Code, following Fording's denial of a grievance stemming from a worksite accident April 29. Section 104 of the code is based on expedited arbitration relating to differences of interpretation, application, operation or alleged violations of a collective agreement. USA Local 7884 president Don Takala says the union is seeking full redress for an employee "subjected to mandatory and humiliating testing" following an accident at the mine site. Full redress, he added, includes the 'arbitrary practice' to cease, a written apology to the worker and his family, the apology posted on company bulletin boards for 30 days, a copy supplied to the union and monetary damages to the grievor. Takala says the company, which initiated the drug and alcohol use testing policy last October, is violating the rights of workers by subjecting anyone involved in an accident to tests. "I think it stinks," Takala said. "We are fighting this case in arbitration because it's really dirty on the part of the company to consider an accident reasonable cause and that's the issue." Takala says the union's concern is a company official's ability to make demands for testing based on a loosely worded policy. "Where do you draw the line on what's reasonable cause?" he questioned. "They are holding a worker's $60,000 job over his head saying 'you have to do this'." Fording River general manager Bill Foster says the policy was put in place for safety of all workers. "As a company we have an obligation to ensure we maintain a safe work environment for our employees and with that, we instituted a drug and alcohol policy," Foster said. He also says history has shown employees have been caught in possession of alcohol and drugs on site. "Over the years we have caught employees in possession of it (alcohol/drugs). That is germane," he said. "I think it's an important point when you look at our operation. Our employees drive some big trucks..." Foster, however, would not comment on the specifics of the challenge, or the case being an issue of individual rights. "It's before arbitration and that's where it will be decided," he said. - --- MAP posted-by: Allan Wilkinson