1. Special Energy Conference Conférence spéciale de l’énergie
Drug Testing
Dépistage des drogues
Special Energy Conference
Conférence spéciale de l’énergie
Vancouver
Thierry Duhin
ICEM

2. Outline – En bref Brief overview of the ICEM Bref survol de l’ICEM
Drug testing worldwide
Dépistage des drogues dans le monde
Union and other positions
Positions syndicales et autres
Possible attitudes
Attitudes possibles

3. Affiliés 389 Affiliates Pays 122 Countries Membres 20 000 000 Members
International Federation of Chemical, Energy, Mine and General Workers' Unions
Fédération internationale des syndicats de travailleurs de la chimie, de l'énergie, des mines et des industries diverses
Affiliés 389 Affiliates
Pays 122 Countries
Membres Members

4. Industries Energy (Oil, Gas, Electric Power)
Energies (Pétrole, gaz, électricité)
Mining & DGOJP
Mines et DGOJP
Chemical & Bio-Science (Pharmaceuticals)
Chimie et bio-sciences (Pharmacie)
Rubber (Tyre, Other Rubber)
Caoutchouc (pneus, autres)
Materials (Glass, Ceramics, Cement)
Matériaux (verre, céramique, ciment)
Pulp & Paper
Pâte et papier
Services and Miscellaneous
Services et divers

5. Regions Asia / Pacific Asie et Pacifique Central Europe
Europe centrale
Eastern Europe, Central Asia and Trans-Caucasus
Europe orientale, Asie centrale et Tran-Caucase
Nordic Countries
Pays nordiques
North Africa and Middle East
Afrique du Nord et Moyen-Orient
North America
Amérique du Nord
South and Central Africa
Afrique australe et centrale
South and Central America & the Caribbean
Amérique du Sud et Centrale & Caraïbes
Western Europe
Europe occidentale

6. 21st Century Energy – The ICEM Vision Energie au 21è Siècle – La vision de l’ICEM
We want safe, affordable, accessible energy
Nous voulons une énergie sure, abordable et accéssible
We want good jobs in sustainable industries
Nous voulons des emplois de qualité dans des industries durables
Workers are key stakeholders
Les travailleurs sont des acteurs-clé
Achievement of just, equitable and sustainable societies
Obtention de sociétés justes, équitables et durables
No to narrow finance driven models
Non à des modèles financiers étroits
Developing Global Agreements
Développement d’Accords mondiaux
Building Regional and Global Networks
Construction de réseaux régionaux et mondiaux

7. ICEM Global Agreements
Company
Country
Employees
Signed
Statoil
Norway
17 000
Jul 1998
Freudenberg
Germany
30 000
Jun 2000
Endesa
Spain
28 000
Jan 2002
Norske Skog
11 000
Jun 2002
Anglogold
South Africa
53 000
Sep 2002
ENI
Italy
70 000
Nov 2002
RAG
92 000
Aug 2003
SCA
Sweden
45 000
Apr 2004
Lukoil
Russia
96 000
May 2004
EDF
France
Jan 2005
Rhodia
20 000
Feb 2005
Lafarge
77 000
Sep 2005

10. Workplace Drug Testing
How it all started
‘War against drug’ in the US
Since 1960’s drug abuse a concern
Ronald 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 18-49
Up 277 % from 1987

12. Junk science The ‘Firestone Study’ $100-billion in lost productivity
2.5 times more absence
3.6 more accidents
5 times more compensation claims

13. How reliable are the tests?
Depronil (to treat Parkinson’s disease)
shows up as amphetamine
Codeine (used in some pain-killers)
shows as morphine
Ibuprofen (over-the-counter anti-inflammatory)
shows up as marijuana
Poppy seed in bakery
shows up as heroine

14. What the law says USA NOT required under the 1988 Act
Most private employers have the right to test
In 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 1974
The Safety Representatives and Safety Committee Regulations Act 1977
The Road Traffic Act 1988
The Misuse of Drugs Act 1971
The Transport and Works Act 1992
The 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 absence
3.6 more accidents
5 times more compensation
Real world facts and figures:
Between 20 and 50m tests a year
Up to $1,5 billion a year excluding service fees

18. Situation in several countries
USA
ICEM affiliate USWA
Few successes with challenges
Substance abuse in the industry remains an unresolved issue

19. Situation in several countriesUK
ICEM affiliate AMICUS
Education programmes
Negotiation in six stages
1) Consultation between trade union representatives and employers
2) The framework of the policy should contain information on aims, responsibility, definition, education, training, support, confidentiality, disciplinary action and monitoring and reviewing
3) Decision to be made on testing
4) Reaching agreement
5) Implementation of the policy
6) Monitoring and reviewing

20. Situation in several countries
Australia
Formal and informal policies and practices
Developed in an ad hoc manner
Employee assistance programs (EAPs)

21. Situation in several countries
Azerbaijan
ICEM affiliate Oil and Gas Workers’ Union
Drugs and alcohol dependency do not have the scale of a problem.
Youth involvement work
Recommendations
Specific union efforts on off-shore installations
Part of general health and safety prevention

22. Situation in several countries
Belgium
No specific legislation
General Medical Council has established strict guidelines in 1993
ICEM affiliate La Centrale Générale
ExxonMobil’s Policy on Alcohol and Drugs
Problem that can be dealt with

23. Situation in several countries
Denmark
No legislation
The offshore sector has introduced guidelines
The union has accepted them
ICEM affiliate EL-Forbund
No agreement over WDT.
Danish Confederation of Trade Unions has

24. Situation in several countries
Finland
Mostly pre-employment testing
Usually workplaces negotiated
ICEM affiliate Kemianliitto
The 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
Croatia
ICEM affiliate EKN
Not the part of collective agreements
One recent court case

26. Situation in several countries
Chile
WDT requires a company policy
Never compulsory
If in the works regulations, disciplinary measures can be taken

27. Situation in several countries
Puerto Rico
Ley 59, 1997 specifically addresses WDT
Legal in the private sector
Employer has to have a clear policy
When unionized, part of the collective agreement

28. Situation in several countries
Greece
Only at the pre-employment stage, for Security Services (law of 1997)

29. Situation in several countries
Ireland
No legislation
Most of the testing is at the pre-employment level mostly by companies having their parent company in the US

30. Situation in several countries
Luxembourg
No specific legislation
HIV-test is forbidden.
Some private companies do WDT

31. Situation in several countries
Portugal
No law
Tripartite dialogue in 1999
No regulations have been enforced

32. Situation in several countries
Sweden
No law
Usually negotiated between employer and employees

33. Situation in several countries
Switzerland
Drugs of Abuse Testing Guidelines by the Swiss Working Group for Drugs of Abuse
Recommendations not legally binding
WDT 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 Netherlands
There is no legislation
Pre employment drug testing prohibited by law
WDT considered an infringement of the individual privacy.
Exists in petrochemical or shipping industry
Employees 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 workplace
Interregional Tripartite Experts Meeting on Drug and Alcohol Testing in the Workplace, 1993
Principes 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 testing
Scientific evidence is equivocal
No 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 testing
labour law
medical confidentiality laws
Universal Declaration of Human Rights and international labour standards

39. What the ILO says Programme organization and development
Programme policy statement
Confidentiality
Programme linkages
Policy 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 undertaken
Evaluate the costs and benefits of WDT
The 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 IIDTW
The evidence on the links was inconclusive.
Lack of evidence for a strong link between drug use and accidents in safety-critical industries
Other factors may have a greater impact on safety, productivity and performance
Alcohol 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 IIDWT
Legitimate 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 research
Accreditation for providers of drug testing services is unsatisfactory
The government should produce clear and definitive guidance
Health and welfare issue as well as a disciplinary matter
Introduced following proper consultation
Good 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 remarks
It’s a concept that may ‘feel right’ for companies but that has very little to actually support it
Except for alcohol, there is no standard for impairment
Companies are worried about their image. They’re afraid that if they don’t support drug testing it implies they support drug use
It raises justified fears about ‘big-brotherism’
When there are valid reasons for testing, clear policies acceptable to the workers must be negotiated with the unions
In terms of workplace alcohol and drug abuse, employee assistance programs should be the focus rather than testing mainly aimed at disciplinary actions.