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.
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MAP posted-by: Allan Wilkinson