Drug testing reaches critical stage in Alberta oilsands

Suncor’s battle to implement random drug testing for all employees in a “safety-sensitive” role has reached a critical stage.

Arbitration began Wednesday after its union – Communications, Energy and Paperworkers Local 707 – was successful in getting an injunction to block the policy.

The oil giant had planned to implement the policy in October but will now have to wait after the Alberta Court of Appeals dismissed its legal challenge.

The case is now expected to last months, as CEP 707 argues the policy violates the privacy and personal dignity of its members.

Making the case more complicated is a case that’s currently being argued before the Supreme Court of Canada that promises to set a precedent.

The justices are hearing arguments about a random alcohol-testing policy at an Irving Pulp and Paper Mill in Saint John, New Brunswick.

Experts say it could re-draw the battle lines for the entire country, including Suncor’s case in Alberta.

A lawyer with Blake, Cassels, and Gordon LLP says this case is being watched closely because it promises to change the legal landscape.

“Safety is of primary importance here,” Brian Thiessen tells 660News. “We have multi-million dollar projects with massive pieces of equipment.”

He says the employers have done their homework.

“They came up with a process here to evaluate employees and look at whether or now they have disabilities,” says Thiessen.

The Irving verdict is expected sometime this year.

Arbitration is expected to last a few months in the Suncor case and could be swayed depending on what happens at the federal level.

660News talked to one of 1,000 heavy equipment operators with the oil giant, who asked that his name not be used.

He says he can see both sides of the argument, but adds he applauds the company’s move to test his co-workers.

“The one thing that I heard people complaining about is having to do the actual drug tests but you don’t hear people talk about it too much,” he says.

“I don’t suspect anyone that I work with to be using drugs at all, I think it’s pretty good right now but it might be good to make sure because I think sometimes it is hard to tell,” he adds.

Thiessen says if Suncor wins its battle, expect other oil sands employers to follow suit with similar policies.

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