The United Steelworkers Local 9346 fears for worker’s privacy after Teck Coal Ltd., have commenced random drug and alcohol testing for all employees across the Elk Valley as of December 3rd. Local 9346 has stated it’s opposition and has filed a grievance against Teck and has been referred to arbitration, a date is pending.
“This is a gross invasion, and violation of workers privacy, shows a blatant disregard for the sanctity of the workers person and completely obliterates the trust of the employer employee relationship,” said Alex Hanson, United Steelworkers Local 9346 president.
On November 25th the United Steelworkers attended a preorder hearing for injunctive relief. The arbitrator adjourned the hearing due to lack of available time to complete the hearing. The United Steelworkers attempted to apply to the British Columbia Supreme Court for injunctive relief on November 28th and secured time in front of the Courts on November 30th. However, the British Columbia Supreme Courts were stopped by the Arbitrator who assured jurisdiction in the case and ruled the United Steelworkers could not apply to the courts for injunctive relief. As the pre order hearing has yet to be completed and Teck has received no ruling on their ability to implement random drug testing.
Manager of Community and Aboriginal Affairs at Teck’s coal operations, Nic Milligan said: “We take our obligation to provide the safest possible workplace for our employees very seriously and, as such, we strongly believe that taking measures to eliminate drug and alcohol abuse that can affect safety is an important way we can achieve our vision of everyone going home safe and healthy every day.
Most recently, an injunction against random drug and alcohol testing was upheld in the Alberta Queen’s Court Bench. As well, the Supreme Court of Canada will preside over a random drug and alcohol testing case from New Brunswick by the end of December.
“We have crossed the Rubicon to a place where workers are guilty until proven innocent, what a shameful day in the history of human freedom,” stated Hanson.
According to Milligan, “We take our obligation to provide the safest possible workplace for our employees very seriously and as such, we strongly believe in taking measures to eliminate drug and alcohol abuse that can affect safety is an important way we can achieve our vision of everyone going home safe and healthy every day.”
Milligan went on to say, “Research has shown that random drug and alcohol testing is an effective way to deter the use of illegal drugs and the misuse of alcohol or prescription drugs in the workplace. For example, a study of the US trucking industry showed that the implementation of random alcohol testing was connected to a 23% reduction in fatal crashes involving large trucks.
Milligan assured, “Employees who test positive in a random drug and alcohol test will be given the opportunity to seek treatment paid for by Teck, upon completion of which they can return to work.”
