Pubdate: Wed, 24 Oct 2012
Source: Calgary Herald (CN AB)
Copyright: 2012 Canwest Publishing Inc.
Contact: http://www2.canada.com/calgaryherald/letters.html
Website: http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Author: John Cotter

SUNCOR DRUG TESTS PLAN HITS SETBACK

Suncor Energy has lost another legal round in its plan to randomly 
test thousands of unionized oilsands workers in Alberta for drugs and alcohol.

But the court battle pitting work-site safety against individual 
privacy rights isn't over.

Earlier this month, the Communications, Energy and Paperworkers union 
Local 707 won an injunction against a testing policy that was 
implemented during the summer. A judge ordered the matter be settled 
through arbitration.

An Alberta Court of Appeal judge ruled Tuesday against a Suncor 
application for a stay of the injunction. Suncor said it will 
continue the fight to keep its work sites safe.

"We will honour the interim injunction, but because of the importance 
of this program in addressing pressing safety concerns associated 
with alcohol and drugs, we are appealing the decision," said Suncor 
spokeswoman Sneh Seepal.

"We are committed to moving forward with our plans to implement a 
random testing program."

Suncor, which had hoped to start testing union workers in 
safety-sensitive jobs earlier this month, is to make its case against 
the injunction as a whole on Nov. 28 before a full panel of three 
Appeal Court judges.

Roland LeFort, president of the 3,400-member union local, was 
gratified by the court ruling.

The union has no problem with testing employees when there is an 
accident or if someone is obviously impaired, but random testing is 
an affront to basic human rights, he said.

Police don't give drivers breathalyzers without probable cause, and 
Suncor's union employees deserve the same consideration when they are 
on the job, he added.

"It is the rights of privacy and dignity. We just can't abolish 
those," LeFort said from Fort McMurray. "Those are entrenched in law 
and they shouldn't be any different in the workplace than they are in society."

The oilsands giant said it began randomly picking non-union workers 
in jobs where safety is particularly important for urinalysis tests 
on Oct. 15. Seepal said those eligible to be tested include managers 
and executives.

Suncor said three of seven deaths at its oilsands operations near 
Fort McMurray since 2000 involved workers under the influence of 
drugs or alcohol. The company can already test job applicants and 
people suspected of being impaired for drugs and alcohol. Suncor also 
offers counselling programs to help employees with substance abuse programs.

"Drug and alcohol use is an issue that affects the safety of our 
people and our workplace and it really poses an unacceptable risk on 
our work site," Seepal said.
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MAP posted-by: Jay Bergstrom