Drug Testing News, Drug Test News, Pass a Urine Drug Test,
Pass a drug test. Call 1-888-420-6556. We sell all Total Body and Same Day Body Cleansers and offer
reliable overnight shipping @ PassYourDrugTest.com
purchase products or request more information, call us at:
This is a Toll Free Call.
Drug Testing News
Man who uses pot to
ease HIV wins hearing after failed drug test
Firm's drug policy tested
The Edmonton Journal
Thursday, September 11, 2003
EDMONTON - An HIV-positive construction worker who smokes
marijuana to deal with his illness has won a hearing to decide
whether his rights were breached by a company that denied him
work for failing a drug test.
An Alberta Human Rights Commission officer has already
concluded North American Construction Group Inc.'s policy
requiring such pre-employment checks violates provincial
But the Spruce Grove firm went to court to block the
appointment of a human rights panel, which could make the
first binding decision on whether to allow this type of drug
screening in Alberta.
In a judgment released Wednesday, Court of Queen's Bench
Justice Alan Cooke ruled the panel can go ahead, saying it's
important to resolve when restrictions on taking drugs or
alcohol are legitimate job requirements.
"Frankly, I am at a loss to understand why the (company) would
not wish to have this issue examined," he wrote.
"This ... is of significant concern both from the point of
view of the safety of fellow workers, the catastrophic
financial loss of huge machinery and consequent litigation."
The case involves an Onoway man who in January 2001 was
offered a job with North American to run a bulldozer at the
Syncrude plant in Fort McMurray.
He had to undergo urinalysis for drugs and alcohol, which came
up positive for marijuana. As a result, he was refused the
chance at employment for six months.
He initially denied using the drug, insisting there'd been a
mistake, then admitted occasionally smoking non-prescription
pot for 41/2 years to deal with the nausea he feels from
taking HIV medication. HIV is the precursor to AIDS.
Human rights officer Linda Sasaki's June 2002 report found
pre-employment drug testing is not justified and doesn't prove
someone is incapable of working safely.
She also concluded it was discriminatory to treat the man like
a drug addict without showing flexibility for his
While Sasaki recommended North American stop its
"discriminatory" pre-employment drug tests, she found the
complainant's lack of candour made him ineligible for any
North American, refused to change its testing policy and
argued a human rights panel can't be appointed if the
complainant isn't entitled to such a remedy.
But Cooke concluded the panel's findings will affect the man
and other workers faced with pre-employment drug screening.
No date has been set for the panel to start its inquiry.