Kitimat LNG worker’s ‘bodily integrity violated’ over drug and alcohol test, arbitrator rules

KITIMAT, B.C. — A painter has been awarded $2,000 in damages after being subjected to a drug and alcohol test over a minor injury at the Kitimat LNG Canada project.

Arbitrator Jitesh Mistry found a worker on the $18 billion project had his right to privacy and bodily integrity violated when he had to do the tests.

“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 Mistry in an April 10th ruling under the Labour Relations Code.   

On July 3rd, 2024,  Matthew Seward, a painter represented by the International Union of Painters and Allied Trades Local 138, rolled his ankle at the worksite.

Seward reported the injury and the pain in the back of his ankle and lower calf got worse. He was treated by a physician, who recommended rest, ice, compression and elevation.

The acting superintendent concluded there were insufficient grounds to test Seward, but a project manager signed a form, deciding the fall had the “potential to be very significant.”

Seward agreed to a drug and alcohol test, but refused to provide written consent. The result was clean and he showed no impairment, but flew back to his home in another province and was compensated for missing eight days of work.

“The employer ignored the very real possibility that this was an accidental twisted ankle that occurs every day in all walks of life,” Mistry wrote. “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.”

Mistry declared 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.

He awarded Seward $2,000 in damages and ordered Altrad to destroy all records of the testing in Seward’s personnel file.

Altrad is in a joint venture with the Gitxaala Nation, contracted by the JGC Fluor BC LNG Joint Venture, to manage insulation, painting/coating, fireproofing and rope access.

At the time of last fall’s hearing, Altrad had 1,500 workers on the project, 200 of them painters represented by the union. The plant, which is fed by the Coastal GasLink pipeline, is expected to be in service this summer.