Earlier in April, an arbitrator determined that a contractor on the $18 billion LNG Canada project in Kitimat infringed on a worker’s right to privacy and bodily integrity by requiring a drug and alcohol test following a minor injury.
“I conclude that (Altrad Services Ltd.) did not establish a significant incident warranting an inquiry into post-incident testing and would grant the grievance on that basis,” wrote Arbitrator Jitesh Mistry in the ruling under the Labour Relations Code.
The incident took place on July 3, 2024, when Matthew Seward, a painter and member of the International Union of Painters and Allied Trades Local 138, suffered an ankle injury at the worksite. He reported the incident, noting increasing pain in the back of his ankle and lower calf. Subsequently, a physician treated him and recommended rest, ice, compression, and elevation.
Although the acting superintendent determined there were no sufficient grounds for testing, a project manager overruled this by signing a form stating that the fall had the “potential to be very significant.” Seward consented to a drug and alcohol test but refused to sign a written authorization. The test results were negative, with no signs of impairment. He subsequently returned to his home in another province and received compensation for eight days of lost work.
“The employer ignored the very real possibility that this was an accidental twisted ankle that occurs every day in all walks of life,” the arbitrator wrote in his decision. “Indeed, the grievor’s injured party statement provided a clear and cogent reason for the incident, including the heat and brightness of the day, the discomfort from the heavy coveralls and the presence of loose gravel with potholes.”
In his decision, the Arbitrator concluded that Altrad breached the Construction Owners Association of Alberta and Energy Safety Canada’s Canadian Model for Providing a Safe Workplace and Altrad’s own post-incident drug and alcohol testing policy. Moreover, he awarded Seward $2,000 in damages and ordered Altrad to destroy all records of the testing in Seward’s personnel file.
Altrad, in partnership with the Gitxaala Nation, is contracted by the JGC Fluor BC LNG Joint Venture to handle insulation, painting/coating, fireproofing, and rope access work on the LNG Canada project. As of the hearing last fall, Altrad employed 1,500 workers on-site, including 200 union-represented painters. The facility, supplied by the Coastal GasLink pipeline, is scheduled to begin operations this summer.
