Scenario 8.4: BC Ferries Queen of the North Sinking
The Transportation Safety Board investigation into the sinking of the BC Ferries Inc.Queen of the North,and the fatalities of two passengers warned that some crew members in safety-critical positions regularly smoked cannabis between shifts,both on board and off the vessel on which they lived for several weeks.During the investigation,the CEO of BC Ferries reacted emotionally,requesting publicly that he wanted the TSB to recommend mandatory drug testing of all employees.The Marine Workers' Union stated that they were not aware of cannabis use by crew members,yet it seemed well-known among BC Ferries' employees and officers.The union,speaking on behalf of its members,has never supported substance abuse testing.
-Please refer to Scenario 8.4.What legislation would you rely on primarily in this situation?
A)privacy
B)health and safety
C)human rights
D)labour law

Question

Quizplus · Accepted Answer

The primary legislation that would apply in this situation is health and safety legislation, as the use of drugs by safety-critical crew members poses a risk to the safe operation of the vessel and the wellbeing of passengers. This would include regulations that require companies to provide a safe workplace and take measures to address drug and alcohol use. While privacy and labour law may also be relevant, they would be secondary to the health and safety concerns. Human rights legislation may also be relevant, but would likely come into play only if the drug testing policy was challenged on grounds of discrimination or privacy.