The BC Construction Labour Relations Association and the Bargaining Council of British Columbia Building Trades Unions have announced a “groundbreaking” drug and alcohol testing policy aimed at enhancing workplace safety for unionized construction workers. This initiative is the first to address substance abuse on an industry-wide basis, having been negotiated between the Labour Relations Association and the Bargaining Council with the agreement of the province’s unionized construction workers and contractors.
The new policy permits drug and alcohol testing on employees who have been involved in workplace accidents or near misses, or when employers have reasonable cause to suspect on-the-job impairment. The tests will measure the worker’s current state of impairment, checking for the presence of alcohol and nine common drugs, including marijuana, cocaine and amphetamines.
The testing process begins when an accident or near miss investigation yields evidence that strongly suggests alcohol or drug consumption. This leads to the worker being tested through urine, blood or saliva samples, either on the job site or in a lab. Depending on the findings of the initial test, a follow up test may be required; for example, if an initial urine test yields positive results, a follow up blood or saliva test may more accurately determine the intoxicant level in the body. Depending on the result, the worker may be barred from returning to work until they seek counsel with a medical expert to examine the nature of the impairment - whether it is a long-term problem or an isolated incident. As well, the worker will potentially have to undergo follow-up testing for the next two years.
This initiative sets a precedent for other industries to re-examine and restructure existing drug and alcohol testing policies, enhancing not only worker safety but perhaps their personal health as well. In aiming to reduce on-the-job impairment, the construction industry will perhaps see a reduction in addiction issues as well – as workers recognize the level of scrutiny they are under, and become aware of the potential outcomes of failing a drug and alcohol test.
Some questions have arisen regarding the veracity of testing for the ‘current’ state of impairment, as the effects of drug and alcohol consumption can result in a positive test hours or even days after the time of consumption. However, it could also be argued that if the worker has enough intoxicants left in their system to test positive, then perhaps they should not have come to work in the first place. Although the policy is in the early stages of implementation, the unionized construction industry should be lauded for this effort to increase and enhance workplace safety.
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