Post on 26-Mar-2015
Drug TestingDrug TestingDépistage des droguesDépistage des drogues
Special Energy ConferenceConférence spéciale de
l’énergieVancouver
Thierry DuhinICEM
Outline – En brefOutline – 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
Affiliés 389 AffiliatesAffiliés 389 AffiliatesPays Pays 122122 Countries Countries
Membres Membres 20 000 00020 000 000 MembersMembers
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
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
IndustriesIndustries 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 & PaperPâte et papier
Services and Miscellaneous Services et divers
RegionsRegions 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
2121stst Century Energy – The ICEM Vision Century Energy – The ICEM VisionEnergie au 21Energie au 21èè Siècle – La vision de Siècle – La vision de
l’ICEMl’ICEM
We want safe, affordable, accessible energyNous voulons une énergie sure, abordable et accéssible
We want good jobs in sustainable industriesNous voulons des emplois de qualité dans des industries durables
Workers are key stakeholdersLes travailleurs sont des acteurs-clé
Achievement of just, equitable and sustainable societiesObtention de sociétés justes, équitables et durables
No to narrow finance driven modelsNon à des modèles financiers étroits
Developing Global AgreementsDéveloppement d’Accords mondiaux
Building Regional and Global NetworksConstruction de réseaux régionaux et mondiaux
ICEM Global AgreementsICEM Global AgreementsCompany Country Employees Signed
Statoil Norway 17 000 Jul 1998
Freudenberg Germany 30 000 Jun 2000
Endesa Spain 28 000 Jan 2002
Norske Skog Norway 11 000 Jun 2002
Anglogold South Africa 53 000 Sep 2002
ENI Italy 70 000 Nov 2002
RAG Germany 92 000 Aug 2003
SCA Sweden 45 000 Apr 2004
Lukoil Russia 96 000 May 2004
EDF France 167 000 Jan 2005
Rhodia France 20 000 Feb 2005
Lafarge France 77 000 Sep 2005
706 000
www.icem.org
www.icem.org
Workplace Drug TestingWorkplace Drug Testing
‘War against drug’ in the US Since 1960’s drug abuse a concern Ronald Reagan’s Drug-Free Workplace Act of
1988
How it all startedHow it all started
Where we standWhere we stand
1983 less than 1% Nowadays, about half of the full-time workers
aged 18-49 Up 277 % from 1987
(US figures)(US figures)
Junk scienceJunk science
$100-billion in lost productivity 2.5 times more absence 3.6 more accidents 5 times more compensation claims
The ‘Firestone Study’The ‘Firestone Study’
How reliable are the tests?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
What the law saysWhat the law says
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.
USAUSA
What the law saysWhat the law says
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
UKUK
What the law saysWhat the law says
No legislation for nor against Canadian Human Rights Commission policy on
drug testing
CanadaCanada
It’s an industry of its ownIt’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
Situation in several Situation in several countriescountries
ICEM affiliate USWA Few successes with challenges Substance abuse in the industry remains an
unresolved issue
USAUSA
Situation in several Situation in several countriescountries
ICEM affiliate AMICUS Education programmes Negotiation in six stages
1) 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
UKUK
Situation in several Situation in several countriescountries
Formal and informal policies and practices Developed in an ad hoc manner Employee assistance programs (EAPs)
AustraliaAustralia
Situation in several Situation in several countriescountries
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
AzerbaijanAzerbaijan
Situation in several Situation in several countriescountries
No specific legislation General Medical Council has established strict
guidelines in 1993
ICEM affiliate La Centrale GénéraleExxonMobil’s Policy on Alcohol and DrugsProblem that can be dealt with
BelgiumBelgium
Situation in several Situation in several countriescountries
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
DenmarkDenmark
Situation in several Situation in several countriescountries
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.
FinlandFinland
Situation in several Situation in several countriescountries
ICEM affiliate EKN Not the part of collective agreements One recent court case
CroatiaCroatia
Situation in several Situation in several countriescountries
WDT requires a company policy Never compulsory If in the works regulations, disciplinary
measures can be taken
ChileChile
Situation in several Situation in several countriescountries
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
Puerto RicoPuerto Rico
Situation in several Situation in several countriescountries
Only at the pre-employment stage, for Security Services (law of 1997)
GreeceGreece
Situation in several Situation in several countriescountries
No legislation Most of the testing is at the pre-employment
level mostly by companies having their parent company in the US
IrelandIreland
Situation in several Situation in several countriescountries
No specific legislation HIV-test is forbidden. Some private companies do WDT
LuxembourgLuxembourg
Situation in several Situation in several countriescountries
No law Tripartite dialogue in 1999 No regulations have been enforced
PortugalPortugal
Situation in several Situation in several countriescountries
No law Usually negotiated between employer and
employees
SwedenSweden
Situation in several Situation in several countriescountries
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.
SwitzerlandSwitzerland
Situation in several Situation in several countriescountries
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
The NetherlandsThe Netherlands
What the ILO saysWhat the ILO saysCe que dit l’OITCe 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
What the ILO saysWhat 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.
What the ILO saysWhat the ILO says
Programme outcomesIntended 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.
What the ILO saysWhat the ILO says
Legal and ethical issuesSpecific procedures legislation on workplace drug and alcohol testing labour law medical confidentiality laws Universal Declaration of Human Rights and international labour
standards
What the ILO saysWhat 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.
What the ILO saysWhat 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.
What the ILO saysWhat 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.
A ‘civil society’ positionA ‘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.
A ‘civil society’ positionA ‘civil society’ positionKey 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
A ‘civil society’ positionA ‘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
How to make it ‘acceptable’?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.
Concluding remarksConcluding 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.