Pubdate: Thu, 18 Oct 2012
Source: Edmonton Journal (CN AB)
Copyright: 2012 The Edmonton Journal
Contact: 
http://www.edmontonjournal.com/opinion/letters/letters-to-the-editor.html
Website: http://www.edmontonjournal.com/
Details: http://www.mapinc.org/media/134
Author: Ryan Cormier

SUNCOR FIGHTS DRUG TEST DELAY

Injunction Puts Lives at Risk, Company Says

Each day that a court order prevents random drug and alcohol testing 
at Suncor Energy's oilsands operations increases the risk of injuries 
and accidents, a lawyer for the company told the Alberta Court of 
Appeal Wednesday.

The energy company went to court to request a stay in a previous 
order that temporarily stopped their new drug-testing program before 
it began. The Court of Queen's Bench issued an injunction Friday that 
stopped random drug and alcohol testing among 3,400 workers 
represented by the Communications, Energy and Paperworkers Union of 
Canada Local 707.

Suncor lawyers will appeal that decision on Nov. 26, and want the 
order stayed until then so they can begin random tests.

"Every day that passes, the risk increases," said Suncor lawyer Tom Wakeling.

"The Suncor workplace is inherently a dangerous space. The 
consequences of mistakes in this hazardous environment may include 
catastrophes."

Wakeling said an injury or death in the absence of the program could 
cause irreparable harm to Suncor, which he said should trump privacy 
matters and other concerns the workers have.

Ritu Khullar, a union lawyer, argued that a drug-testing program 
announced in June, but not set to start until Oct. 15, can't suddenly 
be a critical issue to implement as soon as possible.

"Where's the harm if that date is pushed back?" she asked appeal 
court Justice Jack Watson. "Suncor hasn't put any evidence before you 
that there is a greater risk after October 15. We've had no 
explanation of the magic of that date."

Khullar told court that random drug tests can cause "psychological 
trauma" for workers. "This is about the right to preserve their 
bodily integrity, quite frankly. Their privacy, their dignity."

Watson said the decision "is a matter of national importance," but 
did not say when he would provide a decision.

On Friday, Court of Queen's Bench Justice Eric Macklin halted the 
program and said the injunction should stand until a labour 
arbitration board can rule on a grievance filed by the union about 
random testing.

Macklin said employees shouldn't be subjected to the testing until an 
arbitration board has the chance to deem it reasonable.

"Those employees would now be subject to invasive testing procedures 
such as taking of breath or body fluids, and are the ones who may be 
irreparably harmed if it is ultimately determined that the new policy 
is unreasonable," Macklin said.

Macklin also ordered that arbitration should take place as soon as 
possible, an order Suncor believes falls outside his jurisdiction.

Suncor officials said last week that three of seven deaths at the 
plant since 2000 involved workers under the influence of drugs or alcohol.

On Monday, the company pushed ahead with random testing of nonunion 
staff in management and executive positions.

Under the policy announced in June, the company plans to impose 
random alcohol and drug tests on workers in "safety sensitive" or 
"specified" positions. It is a change from previous practice that 
limited drug screening to new employees or after a workplace 
incident, and then only if there was evidence to justify such a request.

The program is expected to include contracted workers at Suncor sites 
in January.
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MAP posted-by: Jay Bergstrom