Pubdate: Thu, 29 Nov 2012
Source: Edmonton Journal (CN AB)
Copyright: 2012 The Edmonton Journal
Website: http://www.edmontonjournal.com/
Details: http://www.mapinc.org/media/134
Author: Ryan Cormier
Page: A5

APPEAL COURT UPHOLDS INJUNCTION ON SUNCOR DRUG TESTS

Random program on hold pending union grievance ruling

In a split decision, the Alberta Court of Appeal has upheld a
temporary injunction that prevents Suncor Energy from starting random
drug tests of employees.

The decision Wednesday means that Suncor's new random testing program
will remain stalled until an arbitrator rules on a grievance the union
filed.

While that arbitration is scheduled to begin Dec. 10, it is not known
when a final decision will be reached.

Two of the three appeal judges on the panel dismissed the appeal
because they believed privacy rights were at stake.

"Non-consensual taking of body fluids is an affront to privacy
rights," Justice Myra Bielby said.

A delay in the testing program is acceptable because Suncor themselves
decided that contracted workers will not be subject to the same random
tests until Jan. 1, Bielby said.

Suncor originally wanted to start random testing of their own
employees in October.

Bielby also mentioned that the program was not limited to Suncor
employees who perform the most dangerous work and she saw no proof
that Suncor's current program of testing employees before they are
hired and after workplace incidents had an impact on safety.

Justice Jean Cote decided the injunction should be lifted, but was in
the minority. Cote told the court that Suncor's oilsands site presents
such a hazardous environment for workers and the environment that
safety concerns should trump privacy rights.

"One intoxicated man caused the Exxon Valdez incident," Cote said, in
reference to the massive 1989 oil spill off the Alaskan coast in which
the sobriety of the ship's captain became a key investigative point.

Earlier in the day, Suncor lawyers said the testing was necessary
because of numerous incidents of illegal narcotics and alcohol found
at work sites in northern Alberta.

Suncor lawyer Barbara Johnston said there were 100 incidents in
2010-2012 of drug and alcohol concerns, including evidence of cocaine
use among heavy-equipment operators, marijuana found on an employee
and in a locker, marijuana found in the maintenance room of an
upgrader, crack cocaine found on a work site and a bottle of vodka
found at one of the company's mines.

"There's no question this problem is pervasive," she
said.

Johnston told the court that when Suncor announced plans for random
urinalysis testing earlier this year, eight employees came forward for
help with addiction issues. Also, she said, employees have been caught
trying to fake urine tests.

Ritu Khullar, a union lawyer, said employees who've given Suncor no
reasons to doubt their workplace behaviour should not be submitted to
"the indignity of the search."

Currently, the company performs drug testing on employees before they
are hired and after any involvement in a safety incident. Since 2009,
out of 413 post-incident tests, 36 employees were caught.

In October, the Court of Queen's bench imposed the injunction after
the union requested it.

The same month, the Court of Appeal of Alberta ruled against a stay of
the original injunction that temporarily prevents random drug and
alcohol testing while the union continues its legal fight. That ruling
meant the 3,400 oilsands workers represented by Local 707 of the
Communications, Energy and Paperworkers Union of Canada wouldn't be
subject to random drug tests as the legal battles continue.

The random testing plan would see roughly 1,445 tests performed each
year.
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