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Q:  Isn’t drug testing against my rights?

 

A.The   Canadian   Human   Rights   Commission   and   the   various   Provincial   Human   Rights Commissions all publish position papers on drug and alcohol testing. In general terms, testing is only allowed in safety sensitive positions where safety is a bona fide occupational requirement. There is also a duty to accommodate individuals who are positive on an alcohol or drug test. There are various court cases that set the guideline for establishing bona fide occupational requirements and duties to accommodate. In  Saskatchewan  construction  is  ranked  highest  of  high  risk  industries  in  Table  8  of  the Occupational Health & Safety Act.

Q:  I’m concerned about privacy. Who gets my results and who are the results shared with?

A.We agree that privacy must be respected. Test results are relayed from the Medical Review Officer to a Designated Employer Representative or Alternate Designated Employer Representative and the Designated Union Representative. Test results are to be kept separate from personnel files with results shared with Employer decision makers as required. Test results cannot be released outside of the Employer.

Q:  I have a medical condition that requires the regular use of a prescription drug. The prescribed drug does not interfere with my ability to work in my safety sensitive position however I am concerned that the drug will show up in my test.

A.All test results are reviewed by a Medical Review Officer (MRO) who will contact the donor of all positive tests. The MRO will investigate the use of the prescription drugs and if the use is medically acceptable,  the  MRO  will  report  the  test  results  as  negative  to  the  Designated Employer Representative. The MRO will not disclose the contents of his/her conversation with the donor.

Q:  Can I challenge a positive test?

A.A donor may challenge a positive test in the first sample by providing a legitimate reason for the positive test when contacted by the Medical Review Officer (MRO). The donor may also request that the MRO arrange for a retest on the split portion of the original specimen, at the donor’s expense, at the same laboratory or an alternate certified laboratory. This request must be made within 72 hours of the Employee being notified by the MRO that the first test was found to be positive.

Q:  Does this policy include random testing?

A.This policy does not include random testing.

Q:  Does this policy contain pre-employment testing?

A.No, the policy contains pre-access testing when required for a specific site. Pre-access testing provides for the “duty to accommodate” as required. (Refer to 4.0 Definitions)

 

Q:  How reliable are drug test results?

A.A confirmed positive result offers virtually 100% assurance that the specific drug is actually present in the specimen.

 

Q:  Is specimen adulteration effective?

A.Specimen adulteration is a mixture of myth and reality. Most products such as vitamins, herbal preparations and cleaning agents are not effective. Adulteration products have been developed that interfere with the laboratory’s screening and/or confirmation procedures. However, laboratories have procedures in place to detect the use of interfering substances. We consider adulteration a more serious offense than a positive result.

Q:  Do  I  have  to  report  a  non-prescription  medication  I  take  -  like  cold,  flu,  allergy  or headache medication?

A.Any medication, prescription or non-prescription, which may affect an Employee’s ability to perform their job safely, must be reported. Other medications, which do not affect the Employees ability to perform their job safely, need not be reported. Any medications or medical information reported will be treated as confidential.

Q:  What determines whether an incident is significant to warrant testing?

A.All incidents provide cause for testing. If there are reasonable grounds to believe that the use of alcohol or drugs was not a factor in the occurrence, the requirement for testing may be waived.

Q:  Marijuana is going to be legalized, so why are we testing for it?

A.Marijuana is one of the five drugs that are part of the drug testing standard. Marijuana causes impairment which is a hazard on a worksite. If marijuana was legalized we would still test for it. Alcohol is legal and we test for it as per the standard.

Q:  Is it possible for people to test positive for cannabinoids if they have only passively inhaled marijuana smoke from nearby smokers?

A.This is not considered a realistic possibility at the cutoff concentration used by the laboratory.

Q:  What I do at home is my own business. I like to smoke pot at home, I don’t do it at work, but I’m concerned that I will fail the drug test.

A.We agree that what you do at home is your own business. The Employer has the right to expect that when you come to work you are fit for duty and that includes not having drugs or alcohol in your body above the standard. You have to make your own choices about what you do and how it may affect you and your responsibility to your Employer.

Q:  Is “Crack” detected as cocaine?

A.Yes, “Crack” is a form of cocaine and is detected as a cocaine metabolite.

Q:  I know that alcohol testing can measure impairment and drug testing can’t so why do we drug test?

A.Alcohol tests confirmed by an Evidential Breath test Alcohol Testing Device can measure levels of impairment. Drug testing cannot measure levels of impairment. In fact drug tests can only tell you limited information i.e. specific drug level has been verified above the established cutoff levels. A positive alcohol or drug test cannot tell us if an individual has a dependency issue, therefore we depend on the evaluation of a Substance Abuse Expert to provide us direction in assisting our Employee.

Q:  What if someone I know at work has an alcohol or drug problem?

A.Every  individual  at  the  workplace  has  a  personal  responsibility  to  ensure  the  safety  of themselves and others. Part of that responsibility would be to encourage and help that individual seek assistance through the Employee assistance services or a supervisor. If that individual is putting themselves or others in danger, you have the responsibility to report that individual to your supervisor.

Q:  As a manager I’m concerned that a large number of my people will quit when we start a testing program.

A.Prior to implementing a testing program we will conduct drug education training which will allow the Employees to identify their concerns and receive answers. It is our belief that if the program is explained properly it will be embraced by our Employees as a positive step in assisting members of our workplace who need assistance.

Q:  How long after use are drugs detectable in urine?

A.Table 1 reflects the varying rates at which drugs in the bloodstream are metabolized (broken down) and excreted from the body. Retention time differ among individuals according to many factors, including: the amount consumed, the method of drug use, whether use is chronic or occasional, individual rates of metabolism and excretion, diet, the acidity of the urine and the concentration of the urine at the time the specimen is collected. Because of these variables, the values presented in Table 1 should be used as general guidelines only.

 

Table 1

Approximate Retention Time of Drugs in Urine