Ottawa endorses random alcohol, drug testing in nuclear facilities

The Canadian Nuclear Safety Commission (CNSC) has gotten the green light to implement rules regarding random substance testing in some workplaces.

The Federal Court has endorsed CNSC’s move to require pre-placement and random alcohol and drug testing of workers in safety-critical positions at high-security nuclear facilities.

The testing is mandated by CNSC regulatory document REGDOC-2.2.4, Fitness for Duty, Volume II: Managing Alcohol and Drug Use.

“Fitness for duty is one factor that affects human performance. An important element of being fit for duty is being free from the influence of alcohol, legal or illicit drugs, or performance-altering medication while at work,” says the commission.

“These requirements ensure that Canada is in line with the best international practices and can hold licensees to the highest possible safety standards for the operation of high-security nuclear facilities. The court ruling in favour of these requirements allows the CNSC to act and operationalize the regulatory requirements.”

In early 2021, the CNSC provided new regulatory requirements for the pre-placement and random testing of workers as part of a proactive approach to enhance nuclear safety and security at high-security nuclear facilities in Canada.

The new requirements were based on the results of consultations with scientists and other experts, licensees of and workers at high-security nuclear sites, the Canadian Human Rights Commission and the public.

“Random drug and alcohol testing is not the preferred way to go unless it can be demonstrated as the only reasonable [option],” Sharaf Sultan, principal of Sultan Lawyers in Toronto, previously.

He was referring to the Ontario Superior Court’s quashing of a policy requiring Ottawa airport employees in safety-sensitive positions to submit to random drug and alcohol testing.

Guidance for drug, alcohol testing

When conducting breath alcohol testing, REGDOC-2.2.4, Fitness for Duty, Volume II mandates that licensees should refer to the Alcohol Test Committee when establishing procedures for the administration of evidential breath alcohol testing, including:

• the initial and continuing training and qualification of breath alcohol technicians for the operation of approved instruments, including conversion training
• the initial and continuing training and qualification of designated service personnel for the preventative and corrective maintenance of approved instruments
• the development and implementation of protocol(s) for:
  • maintaining approved instruments authorized for use at the nuclear site
  • the preparation required prior to conducting alcohol testing
  • handling and processing workers that will be tested, including escort procedures
  • conducting an initial alcohol test using a breath specimen
  • conducting a confirmatory test for alcohol (when the initial test is 20 mg/100mL or greater)
  • determining a confirmed positive breath alcohol test result
  • shy lung
  • documenting and reporting requirements of breath alcohol specimens

Meanwhile, procedures for the administration of drug-testing collection and transportation of specimens should include or make reference to the following:

• licensee-approved collection kits, containers, and other supplies for specimen collection
• protocol for chain of custody, including relevant forms
• protocol for urine and oral fluid specimen collection, including collector duties, specific collection site requirements, verification of donor identity, and potential collection errors (recoverable and non-recoverable)
• protocols for handling and processing workers that will be tested, including escort procedures
• protocol for verification and assurance of sample integrity, including tampering and adulteration
• protocols for urine and oral fluid specimen storage and security
• protocols for urine and oral fluid specimen packaging and transportation to a designated accredited laboratory
• licensee-approved shipment containers
• protocols for shy bladder and dry mouth
• protocol for refusal to test
• initial and continuing training and qualification of urine and oral fluid specimen collectors