August 27, 2008

Occupational Health and Safety

Unionized construction workers in British Columbia subject to new drug policy

RICHARD GILBERT

staff writer

Unionized construction workers, who have a problem with drinking or getting high on the job, are being targeted by a new drug testing program, which is the first of its kind in Canada.

The Construction Labour Relations Association (CLRA) of B.C. and the Bargaining Council of British Columbia Building Trades Unions announced on Aug. 21 that B.C.’s construction unions and their employers have developed a unique substance abuse testing and treatment policy.

The policy will apply to all unionized construction workers in the province.

“We wanted to make sure that we were determining impairment on the job, but at the same time protecting private rights,” said Mark Olsen, president of the bargaining council and the business manager of the Construction and Specialized Workers Union Local 1611.

“We decided to test current impairment to do the job, not whether or not someone does drugs or not. We don’t want to pry into people’s private life.”

Testing will be done on employees under six different situations.

The first is when there is an accident on the job site.

“An investigation takes place and if it is determined that drugs or alcohol are involved, there will be a test,” said Clyde Scollan, CLRA president.

“The same applies if there is a near miss on the job or an occurrence that could lead to a serious injury or significant loss of property.”

Employees will be subject to drug testing when there is reasonable suspicion that the employee has violated the prohibition.

Tests will check for alcohol and for nine common drugs including marijuana, amphetamines, barbiturates, methadone, opiates and PCP.

Observations must be made by a supervisor, who has received training in the detection of possible indicators of impairment, and the employee has the right to have a union representative present during the process.

Pre-access screening is also planned.

This is when an employee is subject to the testing requirements of the client or employer in relation to their employment duties, as a condition of entering the jobsite.

If pre-access testing is used, the worker has the right to refuse the test, but they can’t work on the site.

Employees can be excluded from pre-access testing, if they decide to participate in voluntary testing.

To be eligible for voluntary testing an employee must take a substance test as soon as possible.

They are also subject to random or unannounced testing and periodic testing every 36 months.

Tested workers will be able to go from project to project that requires pre-access testing, without being retested. The new program is about promoting safety.

“It’s not a punitive policy,” said Olsen.

“It’s all about helping a worker rehabilitate herself or himself and get back to being a productive worker.”

If an employee tests positive and then satisfies all the reinstatement requirements, they can take a test before returning to the jobsite and may be subject to random testing for a year.

The head of the B.C. and Yukon Building and Construction Trades Council (BCYBCTC) agreed with Olsen’s assessment.

“This is not about firing people,” said Wayne Peppard, executive director, BCYBCTC.

“If someone has a drug problem and they are addicted, we have a rehabilitation program for them. Especially, when we look at recurrences, we may be looking at someone who needs help and help will be offered.”

The province’s open shop association also approves of the changes, but feels more could be done.

“This is a good first step,” said Philip Hochstein, president of the Independent Contractors and Businesses Association.

“But the real definitive step towards work safety would be pre-employment testing. Pre-employment testing is better than post-accident or near miss testing.”

According to Olsen, this policy is different from other workplace alcohol and drug policies in effect across Canada because it only determines cannabis impairment at the time the test is taken on the jobsite.

Random testing of all employees is not part of this policy because it is illegal in Canada.

Print | Email | Comment