Presentation on theme: "Special Energy Conference Conférence spéciale de l’énergie"— Presentation transcript:
1 Special Energy Conference Conférence spéciale de l’énergie Drug TestingDépistage des droguesSpecial Energy ConferenceConférence spéciale de l’énergieVancouverThierry DuhinICEM
2 Outline – En bref Brief overview of the ICEM Bref survol de l’ICEM Drug testing worldwideDépistage des drogues dans le mondeUnion and other positionsPositions syndicales et autresPossible attitudesAttitudes possibles
3 Affiliés 389 Affiliates Pays 122 Countries Membres 20 000 000 Members International Federation of Chemical, Energy, Mine and General Workers' UnionsFédération internationale des syndicats de travailleurs de la chimie, de l'énergie, des mines et des industries diversesAffiliés 389 AffiliatesPays 122 CountriesMembres Members
4 Industries Energy (Oil, Gas, Electric Power) Energies (Pétrole, gaz, électricité)Mining & DGOJPMines et DGOJPChemical & Bio-Science (Pharmaceuticals)Chimie et bio-sciences (Pharmacie)Rubber (Tyre, Other Rubber)Caoutchouc (pneus, autres)Materials (Glass, Ceramics, Cement)Matériaux (verre, céramique, ciment)Pulp & PaperPâte et papierServices and MiscellaneousServices et divers
5 Regions Asia / Pacific Asie et Pacifique Central Europe Europe centraleEastern Europe, Central Asia and Trans-CaucasusEurope orientale, Asie centrale et Tran-CaucaseNordic CountriesPays nordiquesNorth Africa and Middle EastAfrique du Nord et Moyen-OrientNorth AmericaAmérique du NordSouth and Central AfricaAfrique australe et centraleSouth and Central America & the CaribbeanAmérique du Sud et Centrale & CaraïbesWestern EuropeEurope occidentale
6 21st Century Energy – The ICEM Vision Energie au 21è Siècle – La vision de l’ICEM We want safe, affordable, accessible energyNous voulons une énergie sure, abordable et accéssibleWe want good jobs in sustainable industriesNous voulons des emplois de qualité dans des industries durablesWorkers are key stakeholdersLes travailleurs sont des acteurs-cléAchievement of just, equitable and sustainable societiesObtention de sociétés justes, équitables et durablesNo to narrow finance driven modelsNon à des modèles financiers étroitsDeveloping Global AgreementsDéveloppement d’Accords mondiauxBuilding Regional and Global NetworksConstruction de réseaux régionaux et mondiaux
10 Workplace Drug Testing How it all started‘War against drug’ in the USSince 1960’s drug abuse a concernRonald Reagan’s Drug-Free Workplace Act of 1988
11 Where we stand (US figures) 1983 less than 1% Nowadays, about half of the full-time workers aged 18-49Up 277 % from 1987
12 Junk science The ‘Firestone Study’ $100-billion in lost productivity 2.5 times more absence3.6 more accidents5 times more compensation claims
13 How reliable are the tests? Depronil (to treat Parkinson’s disease)shows up as amphetamineCodeine (used in some pain-killers)shows as morphineIbuprofen (over-the-counter anti-inflammatory)shows up as marijuanaPoppy seed in bakeryshows up as heroine
14 What the law says USA NOT required under the 1988 Act Most private employers have the right to testIn unionized workforces, the implementation of testing programs must be negotiated.
15 What the law says UK The following legislation is applicable: The Health and Safety at Work Act 1974The Safety Representatives and Safety Committee Regulations Act 1977The Road Traffic Act 1988The Misuse of Drugs Act 1971The Transport and Works Act 1992The Data Protection Act 1998
16 What the law says Canada No legislation for nor against Canadian Human Rights Commission policy on drug testing
17 It’s an industry of its own 2.5 times more absence3.6 more accidents5 times more compensationReal world facts and figures:Between 20 and 50m tests a yearUp to $1,5 billion a year excluding service fees
18 Situation in several countries USAICEM affiliate USWAFew successes with challengesSubstance abuse in the industry remains an unresolved issue
19 Situation in several countries UKICEM affiliate AMICUSEducation programmesNegotiation in six stages1) Consultation between trade union representatives and employers2) The framework of the policy should contain information on aims, responsibility, definition, education, training, support, confidentiality, disciplinary action and monitoring and reviewing3) Decision to be made on testing4) Reaching agreement5) Implementation of the policy6) Monitoring and reviewing
20 Situation in several countries AustraliaFormal and informal policies and practicesDeveloped in an ad hoc mannerEmployee assistance programs (EAPs)
21 Situation in several countries AzerbaijanICEM affiliate Oil and Gas Workers’ UnionDrugs and alcohol dependency do not have the scale of a problem.Youth involvement workRecommendationsSpecific union efforts on off-shore installationsPart of general health and safety prevention
22 Situation in several countries BelgiumNo specific legislationGeneral Medical Council has established strict guidelines in 1993ICEM affiliate La Centrale GénéraleExxonMobil’s Policy on Alcohol and DrugsProblem that can be dealt with
23 Situation in several countries DenmarkNo legislationThe offshore sector has introduced guidelinesThe union has accepted themICEM affiliate EL-ForbundNo agreement over WDT.Danish Confederation of Trade Unions has
24 Situation in several countries FinlandMostly pre-employment testingUsually workplaces negotiatedICEM affiliate KemianliittoThe Finnish energy company Fortum has adopted a programme on prevention of drugs and the misuse of alcohol on January this year.
25 Situation in several countries CroatiaICEM affiliate EKNNot the part of collective agreementsOne recent court case
26 Situation in several countries ChileWDT requires a company policyNever compulsoryIf in the works regulations, disciplinary measures can be taken
27 Situation in several countries Puerto RicoLey 59, 1997 specifically addresses WDTLegal in the private sectorEmployer has to have a clear policyWhen unionized, part of the collective agreement
28 Situation in several countries GreeceOnly at the pre-employment stage, for Security Services (law of 1997)
29 Situation in several countries IrelandNo legislationMost of the testing is at the pre-employment level mostly by companies having their parent company in the US
30 Situation in several countries LuxembourgNo specific legislationHIV-test is forbidden.Some private companies do WDT
31 Situation in several countries PortugalNo lawTripartite dialogue in 1999No regulations have been enforced
32 Situation in several countries SwedenNo lawUsually negotiated between employer and employees
33 Situation in several countries SwitzerlandDrugs of Abuse Testing Guidelines by the Swiss Working Group for Drugs of AbuseRecommendations not legally bindingWDT is only performed in the area of public transportation, military, private schools, and very few private companies (like car industry, pharmaceutical industry), mainly in form of pre-employment testing.
34 Situation in several countries The NetherlandsThere is no legislationPre employment drug testing prohibited by lawWDT considered an infringement of the individual privacy.Exists in petrochemical or shipping industryEmployees have the right to refuse.Agreement about procedures between the employer and the workers council
35 What the ILO says Ce que dit l’OIT Guiding principles on drug and alcohol testing in the workplaceInterregional Tripartite Experts Meeting on Drug and Alcohol Testing in the Workplace, 1993Principes directeurs relatifs à la détection de l'alcool et des drogues sur le lieu de travail,Réunion tripartite interrégionale d'experts sur la détection de l'alcool et des drogues sur le lieu de travail, 1993
36 What the ILO says Overview Formal written policy Consensus Effectiveness of drug testingScientific evidence is equivocalNo sufficient evidence to show that WDT improve productivity and safety in the workplace.
37 What the ILO says Programme outcomes Intended outcomes may include: programme to improve safety and security as well as to reduce potential legal liabilities.Reduction of absenteeism.Unintended outcomes may include:Deterioration of the work environment: fear, mistrust, polarization between management and workers, lack of openness, and increased social control.Not following legal and ethical rules.Breaches of confidentiality.Adverse effects on individuals as a result of errors in testing.Decrease in security of employment.
38 What the ILO says Legal and ethical issues Specific procedures legislation on workplace drug and alcohol testinglabour lawmedical confidentiality lawsUniversal Declaration of Human Rights and international labour standards
39 What the ILO says Programme organization and development Programme policy statementConfidentialityProgramme linkagesPolicy options/purposes– investigations of accidents and incidents;– referral for assistance;– deterrence;– meeting legal and regulatory requirements;– communicating an organization's policy.
40 What the ILO says Technical and scientific issues The working group recognizes that national and international standards are lacking.Extreme caution must be exercised in the testing procedures.A positive result does not automatically identify an individual as a drug user.
41 What the ILO says Recommendations for action and research Research should be undertakenEvaluate the costs and benefits of WDTThe ILO should consider the need for developing international standards for drug and alcohol testing and laboratory certification.
42 A ‘civil society’ position The report from the Independent Inquiry on Drug Testing at Work (IIDTW) set up at the initiative of the Joseph Rowntree Foundation sets out and considers the arguments on drug testing at work, and concludes with a set of detailed recommendations.
43 A ‘civil society’ position Key findings of the IIDTWThe evidence on the links was inconclusive.Lack of evidence for a strong link between drug use and accidents in safety-critical industriesOther factors may have a greater impact on safety, productivity and performanceAlcohol is probably a greater cause for concern in the workplace than illicit drugs.There is no clear evidence that drug testing at work has a significant deterrent effect.Drug testing will reveal information that can have no impact on safety, productivity or performance.Empowering employers to investigate private behaviour actively is in conflict with liberal-democratic values.Legal position on drug testing at work is confused.Costs
44 A ‘civil society’ position Key recommendations of IIDWTLegitimate in a restricted set of circumstances only:- Illegal activities in the workplace; - Intoxicated in work hours; - Demonstrable impact on employees' performance - As reasonable steps to minimize the risk of accident - Nature of the work (e.g. police or prison service).Need for continued researchAccreditation for providers of drug testing services is unsatisfactoryThe government should produce clear and definitive guidanceHealth and welfare issue as well as a disciplinary matterIntroduced following proper consultationGood and open management is the most effective method
45 How to make it ‘acceptable’? Policy model (from British TUC’s WorkSmart)A statement of the policy's aims, and to whom it applies.An indication of who is responsible for carrying out the policy.A definition of drug misuse.Rules about how employees are expected to behave.Safeguards making it clear that absence for treatment and rehabilitation is covered by normal sickness absence, and recognition that relapses may occur.Assurance that employees with drug problems will be treated in confidence, subject to the law.A description of support available to employees with drug problems, and a statement encouraging employees with drug problems to seek help voluntarily.A commitment to providing all employees with general information about drugs and their impact on health and safety.Details of the disciplinary procedures, for example stating that possession/dealing will be automatically reported to the police.
46 Concluding remarksIt’s a concept that may ‘feel right’ for companies but that has very little to actually support itExcept for alcohol, there is no standard for impairmentCompanies are worried about their image. They’re afraid that if they don’t support drug testing it implies they support drug useIt raises justified fears about ‘big-brotherism’When there are valid reasons for testing, clear policies acceptable to the workers must be negotiated with the unionsIn terms of workplace alcohol and drug abuse, employee assistance programs should be the focus rather than testing mainly aimed at disciplinary actions.