Pubdate: Tue, 04 Mar 2008
Source: Cape Breton Post (CN NS)
Copyright: 2008 Cape Breton Post
Contact:  http://www.capebretonpost.com/
Details: http://www.mapinc.org/media/777
Author: Chris Hayes
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

CHIEF'S SON PROTESTS MEMBERTOU'S MANDATORY DRUG POLICY

John Bonham Paul Says Drug Tests Violate Rights Of Band Employees

SYDNEY - A Membertou man says mandatory drug and alcohol tests that 
are being introduced for many band employees are an infringement of 
their human rights.

Fishing boat captain John Bonham Paul says drug tests may be 
justified in his job but not for employees in some other areas.

Membertou's drug and alcohol policy states the misuse of illicit 
drugs, alcohol and medications jeopardize the safety of band members, 
employees and customers and are hazards to be eliminated from the workplace.

Drug and alcohol tests will be required for some 285 workers employed 
in areas that also include home care, the gaming commission, 
entertainment centre, market, restaurant kitchen, environmental 
services, public works and housing, and education.

"I can see me, I am in a safety sensitive situation, but I can't see 
my 15-year-old niece who works at a concession stand in bingo," Paul 
said Monday. "They want to test her and to me that is ridiculous. 
That is infringing on human rights, I say."

Paul, whose father is Membertou Chief Terry Paul, has posted signs in 
the window of his home that read:  "Say no to corporate bullying" and 
"Say yes to human rights."

Drug tests can find signs of marijuana for four weeks after use but 
signs of harder drugs like crack disappear much sooner, which may 
encourage some people to ingest harder drugs, he said.

Membertou's drug and alcohol policy states tests will be required for 
band employees in safety and financially sensitive positions where 
alertness is important, including employees who work with children 
and independent contract workers.

Employees will also be tested on a random basis and can be ordered to 
take a test if there is reason to believe they may be under the influence.

Trevor Bernard, the executive director of Membertou, stressed that 
the drug tests are a safety rather than a moral policy, and that band 
council and administration realize there are human rights issues.

"It is entirely 100 per cent rooted in safety," he said. "We are not 
trying to impose morals on anybody about how they live their lives 
but we want to ensure for the safety of our workers and liability 
reasons, our operations are safe."

Bernard said drug and alcohol drug addiction are seen as disabilities 
under human rights legislation and Membertou wouldn't just fire an 
employee who had a test that indicated signs of drugs or alcohol.

The drug and alcohol policy says if employees who violate guidelines 
against taking controlled substances want to return to active duty, 
they must be evaluated by a substance abuse professional, take any 
treatment recommended and pass a return to duty test.

Employees violating illicit drug, alcohol or medication guidelines 
will be immediately suspended for no less than 24 hours during which 
a group of directors will decide on the disciplinary action to be taken.

Employees who have no intention of making themselves fit to work 
could lose their jobs, Bernard said.

Jarrod Paul, another fishing captain and John Bonham Paul's brother, 
was opposed to drug and alcohol tests for any employees, including 
fishermen, who already work under safety rules forbidding drugs or 
alcohol on the job.

Jarrod Paul said he has received different stories about whether a 
fisherman could lose their job for the season for a failed test.

He also questioned why band council and directors aren't required to 
take the tests.

Bernard said some directors in jobs deemed safety or financially 
sensitive must take the tests and most if not all of the others, as 
well as band councillors, have volunteered to be tested.
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MAP posted-by: Jay Bergstrom