Any plan by Alberta to legislate random workplace drug and alcohol testing must be based on hard evidence that testing makes worksites safer, says the province's privacy commissioner.
Frank Work made the point to Human Resources Minister Mike Cardinal in a letter earlier this month after a government-appointed committee recommended that random testing be approved.
"Any consideration of legislative change must be preceded by a thorough study of the evidence on drug and alcohol testing, and workplace safety,'' Work said in the letter, obtained by The Canadian Press. "At this point, it is not even clear to what extent drug and alcohol impairment plays a role in workplace accidents. This is a classic case of the need for solid, evidence-based decision-making.'' In July 2003, an industry committee recommended that Alberta should consider such legislation - which would be a first in Canada.
Government officials began working on a drug-testing policy last year, but it went on the backburner because of the fall provincial election, sources say.
In his letter, Work told Cardinal his office is investigating complaints of random drug testing and unauthorized disclosure of test results by labs. Work said those complaints could lead to a formal inquiry later this year.
After the report was handed to government, the Construction Owners Association of Alberta began working on a plan to include random drug testing in its "best practice'' code that is used voluntarily by many companies.
The association, including some trade unions, is to decide next month whether to endorse random testing.
Cardinal said such testing is a good idea even though he believes workplace impairment and accident rates in Alberta have fallen considerably.
While the government has not ruled out new legislation, it will let the industry conduct random drug tests under current law, as long as the rights and privacy of employees are respected, he said.
"Otherwise there will be lots of complaints to the human rights and privacy commissioners,'' Cardinal said.
"We will monitor the situation to see how it unfolds, but I want to make sure all these cases don't end up in court.'' The chairman of the construction owners safety committee that drafted the drug-testing policy said it tried to protect employees' privacy.
Peter Dunfield of Syncrude Canada said a draft proposal has been reviewed to ensure it complies with current laws.
He said committee members want clear rules.
"We've been asking for that for going on two years or longer, that the government provide clarity with the legislation this applies to,'' he said.
Dunfield said studies in the United States suggest random drug testing is an effective deterrent to workplace impairment.
A decision on the proposal by association members will also hinge on keeping testing costs affordable.
Under the proposal, employees who test positive for drugs would not be fired immediately, but would be offered treatment for substance abuse at the employer's expense.
Some unions say random testing is a blatant abuse of human rights.
Work said he isn't comfortable with the idea of letting the construction industry set its own drug-testing standards.
"If we are going to arrive at de facto standards through a patchwork approach, then maybe the government should take a look at commissioning a study or sending out a legislative committee to hear from people on this,'' Work said in an interview.
