Contractors and unionized construction workers in British Columbia are heralding what they say is a groundbreaking drug and alcohol testing policy.

But it hasn't been tested in a practical sense yet and civil libertarians are skeptical.

The Construction Labour Relations Association and the Bargaining Council of British Columbia Building Trades Unions trumpeted the policy Thursday as the first industry-wide pact on substance abuse in Canada.

"One of the unique factors is that it is the only one negotiated between the two parties as opposed to the employer imposing it," said Clyde Scollan, president of the construction association that represents 350 contractors in the province.

A spokesman for the trades unions was not available to comment but Scollan said it was unanimously approved by workers in all 14 trades unions involved.

Drug and alcohol testing will be conducted on employees involved in workplace accidents or near misses, or when there's reasonable suspicion of on-the-job impairment.

Drug tests before a worker is hired are also permitted, but those tests are voluntary.

In B.C., the policy would likely cover major industrial projects, which are usually all union. The home-building sector is almost entirely non-union.

Under the policy, the owner or client of the project can call for workers to be tested before the project begins, under what is called "pre-access testing."

"They do that in other provincial jurisdictions but the unions haven't agreed to it. It's been imposed," said Scollan.

But since construction workers may work on several different jobs in a year, the policy developed a component to avoid being tested each time.

That worker can opt out of pre-access testing for each job by agreeing to one test at the beginning.

The worker would then be subject to random testing over the next three years but not have to be tested before the start of every new job.

"If they refuse at the first job site they would be tested at every job site they go to," said Scollan, adding that they also would not be allowed on the first job if they refuse the test.

The program checks for alcohol and nine common drugs, including marijuana, cocaine, methadone, amphetamines and barbiturates.

Both sides agreed the tests will only measure current impairment and won't affect the after-hours actions of workers.

That claim prompted skepticism from the B.C. Civil Liberties Association.

"I am mystified," said Micheal Vonn, the association's policy director.

"What constitutes reasonable suspicion for on the job impairment?"

Vonn worried that the policy is "a huge sweep that has nothing to do with intoxication or impairment and is nothing but a fishing expedition into workers' lifestyles."

And with the exception of the breathalyzer test for alcohol, she said "we know of no drug test that will actually test for impairment."

"You can consume drugs hours or days prior to a drug test and still test positive."

But Scollan said any accidents or near misses already spark investigations by WorkSafe BC.

If evidence from that investigation suggests alcohol or drugs, then the worker would be tested.

If a supervisor has a suspicion that a worker is impaired, the worker could be tested at the site or at a lab.

A first test for marijuana, for instance, would be through urinalysis and if it's positive, a second blood or saliva test would be required.

A blood or saliva test, Scollan said, would be more accurate in determining the drug level in the body, "whether it's relatively recent use."

Depending on the level of drug use in the body, the worker might not be able to return to work until he or she consults with a medical expert "to determine whether it's random or an addiction."

Those workers will have to undergo follow-up testing for up to two years.

The policy announcement comes several months after BC Ferries president David Hahn urged the Transportation Safety Board to recommend the federal government impose U.S.-style mandatory and random drug testing for workers in safety-sensitive positions on all ferries in Canada.

Hahn made the comment after the board warned of widespread marijuana use by BC Ferries crew members on the company's northern routes.

The board said the information surfaced in the investigation into the sinking of the Queen of the North in March 2006, which killed two passengers.

BC Ferries spokeswoman Deborah Marshall said Thursday that the corporation implemented a drug policy in February that calls for mandatory testing "when reasonable cause exists."

But the policy was imposed on the ferry workers union and not negotiated.

While the construction policy appears to be unique, the testing before a job begins is not.

"They've been pre-access testing for 10 years for major industrial projects in Alberta," Scollan said, only there the testing is imposed by the employer, not mutually agreed to."

Scollan concedes the policy is a work in progress.

And Vonn acknowledges it was negotiated and not imposed. But she's still skeptical.

"I think it would be a little naive to think that all the workers came to the door and demanded this. Something was conceded in order for the employer to achieve this result."

She said other workers and employers must not "write it off on the basis that it was mutually agreed to."

"The question is still: Is it good policy?"

The answer is still: no.

Why is it a bad policy?

An employer has every right to drug test their employees and every employee has the right to submit to a drug test if he wants to.

I would assume on construction sites the workers are doing things that are potentially dangerous and expecting them to be sober is completely warranted. I really think this policy is much better than what most companies have; this policy particularly targets drug levels whereas most companies do not care about the drug levels and will fail an applicant or an employee if he tests positive for some sort of illicit drug.

Either way I still hate socialism and unions.