General Workers Union against random drug tests over cannabis

General Workers’ Union (GWU) secretary-general Josef Bugeja has expressed absolute disagreement with the Malta Employers Association demand to have random drug testing for employees.

The MEA has called for the postponement of the Bill legalising recreational cannabis and home-growing, fearing that employers could face liabilities over injuries or damages resulting from inebriated employees. “The law does not address such scenarios, which are needed to safeguard both the employees and the employer.”

MEA director-general Joe Farrugia has said the MEA wants random drug testing to be optionable for employers, depending on the trade in which they operate.

Farrugia also accused the government of electioneering by “targeting the vote of a specific cohort – youths” and that no research has been carried out by the government to legalise cannabis.

But the GWU said it “absolutely disagrees” with the MEA and their proposed right for employers to conduct random drug testing. “We have to differentiate between having traces of and being under the influence of cannabis. Should any employers have any concerns, we would be available to discuss them at every work place like everything else,” Bugeja said.

“The MEA argument is flawed. Cannabis can only to be consumed at home, not in public nor at the work place. So now, employers are going to dictate to their employees what they can or cannot do at home?” Bugeja argued.

Bugeja said that employers do not go around testing employees for alcohol consumption in their free time, but they are only concerned if employees drink at work or if they cannot perform their duties due to intoxication.

“Our legal advice is that if there is no reasonable suspicion, the employer cannot impose random dope testing. Furthermore, traces of cannabis can remain in the body system for months.

“There are standard operating procedures in place if you show up under the influence of alcohol or you are caught consuming alcohol at work. That does not mean that employers have a right to go around checking if you had consumed alcohol the day before or outside the place of work. What the employee does at home is no concern to his employer.”

Bugeja also remarked that the union disagreed that Malta’s cannabis legalisation billhould not be adopted close to an election.

“Our point of focus was the impact of decriminalisation of cannabis at the place of work, health and Safety and the progress socio-economic impact,” Bugeja said.

“We have been discussing this with the government for a very long time. We stated that this legislation and election date had nothing to do with each other and we wanted it to move forward as fast as possible. We had members who lost their jobs because they were caught smoking a joint in a private residence,” Bugeja said.

Yet even the Union Haddiema Maghqudin, claims the government is embarking on this legislation for electoral gains. “Such policy should not be dictated by electoral gains but on research. This is why UHM cannot understand why government wants to enact this law before the general election at all costs.”

UHM claims the cannabis Bill contradicts the government’s zero-tolerance policy against smoking and alcohol consumption, and similar addictions. “Apart from the risk of getting addicted to harder drugs, we also need to consider the implications of the withdrawal symptoms of cannabis including at the workplace. It could well be the case that withdrawal symptoms apart from cannabis consumption be the cause of an accident.”

The union argued that the government should provide guidelines on intoxication at the work place could be dealt with. “Where are we going to draw the line? Will certain employees be allowed to consume cannabis and others not? Are we going to do random tests?” a UHM spokesperson said.