A Moving Target
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A MOVING TARGET: A STUDY OF THE DEVELOPMENT, EVOLUTION, AND DEMISE OF TRANSPORT CANADA'S STRATEGY ON SUBSTANCE USE lN SAFETY-SENSITNE POSITIONS IN CANADL4N TRANSPORTATION by Lynne Marie McInally B.A., Simon Fraser University, 1989 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTERS OF ARTS (CRIMINOLOGY) in the School of Criminology (c) Lynne M. McInally 1995 SIMON FRASER UNIVERSITY August 1995 AU rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. APPROVAL Name: Lynne Marie McInally Degree: Master of Arts Title of Thesis: A Moving Target: A Study of the Development, Evolution, and Demise of Transport Canada's Strategy on Substance Use in Safety-Sensitive Positions in Canadian Transportation. Examining Committee: Chair: Dorothy Chunn, Ph.D. Robert J. Menzies, Ph.D. Professor Senior Supervisor Joan Brockman, LL.M Associate Professor Scott Macdonald, Ph.D. External Examiner Scientist Addiction Research Foundation Date Approved: QKUSC \99S PARTIAL COPYRIGHT LICENSE I hereby grant to Simon Fraser Universi the right to lend my thesis, pro'ect or extended essay (the title o?' which is shown below) to users otJ the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may be granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Title of Thesis/Bf@j~!e$/R81t$We'4fiBbM A Moving Target: A Study of the Development, Evolution, and Demise of Transport Canada's Strategy on Substance Use in Safety- - - Sensitive Positions in Canadian Transportation Author:. (signature) Lynne Marie McInally ABSTRACT On March 16, 1990 the Canadian government tabled its Saategy on Substance Use in Safety- Sensitive Positions in Canadian Transportation. This policy package was controversial fiom the outset for a number of reasons, not the least of which was the fact that it included a drug and alcohol testing regime. This thesis provides a critical analysis of the considerable debate engendered by the Saategv, and examines the events surrounding the development, evolution, and eventual demise of the initiative, with a particular focus on its application to the Canadian trucking industry. The backdrop against which substance testing policies in the United States and Canada emerged is outlined. It was found that the stimulus for the development of such programs in the Canadian trucking industry originated with former U.S. President Reagan's 1986 "War on Drugs," and culminated with the development of U.S. drug testing rules that are applicable to both American and Canadian transportation workers. A review of the primary and secondary literature on drug and alcohol testing revealed that the proponents generally contend that the testing of employees in safety-sensitive positions is essential for the protection of public health and safety. In contrast, opponents question the magnitude of the perceived problem, and underscore the unreliability of urinalysis, the violation of civil liberties, the tenuous legality of such programs, and the negative response &om organized labour. An analysis of the data collected for this thesis - including both documentary sources and semi-structured interviews with 12 key participants and commentators - indicated that, despite clear ... lll evidence that the Strategy's underlying rationale is questionable, and despite the recent decision by Transport Canada not to proceed with enabling legislation, support for the development of drug and alcohol testing programs for Canadian truckers remains strong among trucking industry representatives and government insiders. Overall, the analysis embodied in this thesis reveals the underlying political, social, and economic context within which the Canadian government's Strategy emerged and evolved, and in so doing it contributes to our general understanding of the underpinnings, influences, and conflicts inherent in any exercise of socio-legal control. DEDICATION For my parents Jim and Carol McInally ACKNOWLEDGEMENTS This thesis could not have been completed without the assistance of many people. It is with sincere appreciation that I thank my Senior Supervisor, Dr. R.J. Menzies, for his infinite patience and wisdom, and for all he has taught me. It was my overwhelming fear of somehow fiding you, Bob, that finally drove me to complete this project. I could never repay all you have done for me. I would also like to thank Professor Joan Brockman for her insightful comments and suggestions. Iq addition, I would like to extend my appreciation to my external examiner, Scott Macdonald. This thesis would not have been possible without the participation of the individuals who agreed to be interviewed. Thank you for your time and your generosity. Thank you to my former colleagues at the U.B.C. Accident Investigation Team, Dr. Frank Navin and Mike Macnabb, for providing the genesis for this thesis, and the time for me to explore its possibilities. Thanks is also owed to my colleagues in the Research and Evaluation Department of the Motor Vehicle Branch, Dr. Jean Wilson, Ann Gumchard, and Greg Chen, for their interest, insight and empathy. It is with much love that I thank my family for their unwavering faith in me: my parents, Jim and Carol McInally, my sister and brother-in-law, Sharon and Teny Hughes; and my brother, Jiie Mchally. I wish to acknowledge my nephews, Keegan John Lloyd Hughes (a budding palaeontologist), and Dylan James Hughes (an aspiring entomologist), for bringing joy to my life, and for inspiring me to finish what I start. Love and thanks go to my good friends fiom years gone by and years to come: Joyce Mitchell, Maureen Gabriel, Philippa Burton, Patricia Ratel, and Annette Klein. I owe an enormous debt of gratitude to two exceptional people: special thanks to Sheri Foley, for always being a fiiend to me in the truest seme of the word; and to Lisa Godenzie, for her enthusiastic encouragement and support every step of the way during the past several months. TABLE OF CONTENTS Approval .................................................................. ii ... Abstract .................................................................. lu Dedication ................................................................. v Acknowledgements ......................................................... vi Tableofcontents .......................................................... vii I. INTRODUCTION .....................................................1 11 . THE EVOLUTION OF WORKPLACE DRUG AND ALCOHOL TESTING POLICIES IN THE UNITED STATES AND CANADA ................................8 The New "War on Drugs" .American Style .................................. 8 The 1986 "Made in Canada" War on Drugs .................................14 The Impact of the 1986 War on Drugs on the U.S. Transportation Sector .......... 21 Application of American Drug and Alcohol Testing Rules to Canadian Truckers ..... 27 The Evolution of Transport Canada's Strategy ............................... 31 Background ................................................... 31 Events in the Railway Industry ..................................... 32 Transport Canada Research ....................................... 36 Transport Canada's Strategy Paper .................................. 38 Standing Committee on Transport Review of Transport Canada's Strategy ....42 Transport Canada's Response to the Standing Committee ................ 45 Draft Regulatory Proposals and the BCTA Pilot Project ..................47 Further Developments: 1993- 1995 .................................. 53 vii Summary ........................................................... 55 m . WORKPLACE DRUG AND ALCOHOL TESTING ISSUES ...................56 Introduction .........................................................56 Prevalence of Use: Public Opinion ........................................ 56 The Costs of Drug and Alcohol Use in the Workplace .........................61 Strategies for Reducing Drug and Alcohol Use in the Workplace .................63 Employee Assistance Programs ....................................63 Drug and Alcohol Testing Programs ................................. 65 What the Proponents Say: Arguments in Favour of Workplace Testing ............ 68 What the Opponents Say: Arguments Against Workplace Testing ................ 71 Magnitude of the Problem ........................................ 72 Urinalysis ..................................................... 74 CivilLibertyIssues .............................................. 76 The Legality of Substance Testing in the Workplace .....................80 Challenges under the Canadian Charter of Rights and Freedoms ......81 Challenges under Human Rights Legislation ..................... 86 Challenges under Collective Bargaining and Labour Arbitration ......89 Response fiom Organized Labour ................................... 92 Summary ........................................................... 94 IV . RESEARCH METHOD,RESULTS AND ANALYSIS ........................ 96 Introduction ......................................................... 96 Method ............................................................97