Drug Testing Dépistage des drogues Special Energy Conference Conférence spéciale de lénergie...

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

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


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


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


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


Formal and informal policies and practices Developed in an ad hoc manner Employee assistance programs (EAPs)

AustraliaAustralia


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


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


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


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


ICEM affiliate EKN Not the part of collective agreements One recent court case

CroatiaCroatia


WDT requires a company policy Never compulsory If in the works regulations, disciplinary

measures can be taken

ChileChile


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


Only at the pre-employment stage, for Security Services (law of 1997)

GreeceGreece


No legislation Most of the testing is at the pre-employment

level mostly by companies having their parent company in the US

IrelandIreland


No specific legislation HIV-test is forbidden. Some private companies do WDT

LuxembourgLuxembourg


No law Tripartite dialogue in 1999 No regulations have been enforced

PortugalPortugal


No law Usually negotiated between employer and

employees

SwedenSweden


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


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.


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.


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


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.


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.


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.

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