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Heavyweight companies test employees for drugs before they are allowed on jobsites
By Hempology | January 7, 2008
Winnipeg Free Press, MB
03 Jan 2008
John Cotter
ALBERTA COURT OKS EMPLOYEE DRUG-TESTING
EDMONTON — Construction and energy companies are happy with an Alberta court ruling that upholds the right of employers to test workers in safety-sensitive jobs for drugs.
The Alberta Court of Appeal’s decision overturned a lower court judgment that said Kellogg, Brown & Root Co. discriminated against a man in 2002 when it fired him from an oilsands project near Fort McMurray after he tested positive for marijuana.
John Chiasson, who admitted to being a recreational pot smoker, filed a complaint with the Alberta Human Rights Commission, which ruled against him. The commission said there needs to be a balance between an individual’s human rights and the needs of an employer in protecting others.
But Court of Queen’s Bench Justice Sheilah Martin then ruled in his favour. She said he should have been treated the same as someone with a drug addiction, which is considered a disability in human rights case law.
The panel of three Appeal Court justices disagreed. “We see this case as no different than that of a trucking or taxi company which has a policy requiring its employees to refrain from the use of alcohol for some time before the employee drives one of the employer’s vehicles,” the justices wrote.
Kellogg, Brown & Root, one of the largest construction firms in the world, was helping to build an expansion to Syncrude Canada’s plant at the time of Chiasson’s case.
Commission lawyer Janice Ashcroft said the Court of Appeal ruling will be reviewed before determining whether to seek leave to have the case heard by the Supreme Court of Canada.
“It is important to employers and employees to clarify what is the role of human rights when it comes to drug testing,” Ashcroft said.
During the original court case, officials with oilsands giant Syncrude testified that the company’s lost-time rate from accidents has dropped in part because of drug and alcohol testing.
Syncrude, Suncor, Albian Sands and other major oilsands heavyweights test their employees for drugs before they are allowed on jobsites.
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