Pubdate: Wed, 24 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
Page: A6

SUNCOR UNION WINS ROUND IN BATTLE OVER DRUG TESTS

Appeal Court Upholds Injunction That Temporarily Halts Random Checks

The Court of Appeal of Alberta has upheld a lower court injunction 
that temporarily prevents random drug and alcohol testing of Suncor 
Energy employees while the union continues its legal fight against the program.

The ruling, released Tuesday morning, means 3,400 oilsands workers 
represented by the Communications, Energy and Paperworkers Union of 
Canada Local 707 will not be subject to random drug tests as their 
union and Suncor prepare for a full appeal of the injunction on Nov. 28.

Appeal court Justice Jack Watson concluded the possible negative 
effect on workers' privacy was a greater concern than Suncor's dire 
warnings that safety would be compromised.

"The evidence of Suncor as to harm does not persuade me that there is 
a real possibility that the enforcement of this drug and alcohol 
policy would avoid the tragic result the policy is aimed at stopping 
between now and Nov. 28, 2012," Watson wrote. "On balance, for this 
comparatively short period, the negative effect on union members is 
visible, and the prospect of an actual increase in the margin of 
safety during such a short window of time is not enough to overcome that fact."

Suncor already has safety measures at its work sites in the absence 
of the random drug testing, and employees might be more vigilant 
about possible intoxication because of the public attention the delay 
of the program has caused, Watson wrote.

On Oct. 12, 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," he said.

Suncor lawyer Tom Wakeling argued to Watson the injunction put safety 
at risk each day it was in place. Ritu Khullar, a union lawyer, 
argued that a 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. She told court that random drug tests can result in 
"psychological trauma."

Suncor officials have said three of seven deaths at their work sites 
since 2000 involved workers under the influence of drugs or alcohol. 
The company has pushed ahead with random testing of non-union 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.
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