Pubdate: Sat, 10 Dec 2016
Source: Toronto Star (CN ON)
Copyright: 2016 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Ben Spurr
Page: GT9

DRUG, ALCOHOL TESTS COMING FOR TTC STAFF

Union vows to fight in court, says members 'furious' about new tests
run by outside firm

The TTC has provoked the ire of its largest union by announcing that
it will begin randomly testing its employees for drug and alcohol use
starting on March 1.

In a news release on Thursday, the transit agency said that it had
given formal notice to its workers that it was moving ahead with the
plan, which has been in the works for five years. Under the plan, 20
per cent of employees occupied in "safety sensitive" positions -
including some management and executives - would be subject to the
tests for drugs and alcohol. Those who would be tested include vehicle
operators, maintenance workers and supervisors.

The release said that the program would only detect "likely
impairment" at the time of the test. In response to the news, the
union representing 10,000 TTC employees declared it intends to file a
court injunction against the testing scheme.

Bob Kinnear, president of Amalgamated Transit Union Local 113, claimed
that the Supreme Court has ruled that random drug testing is unlawful
unless the employer can show justification.

"It's clear the TTC does not have the justification for it," Kinnear
said. "Our members are furious."

The TTC has said it has legal advice confirming that its plans are
legal. Kinnear said that the union planned to file an injunction
within a week.

Under a 2010 "fitness for duty" policy, the TTC already tests
employees for impairment if management has "reasonable cause" or if
the employee is involved in a safety-related incident, has violated
the policy or has returned from addiction treatment.

The agency says that it has seen a sharp increase in positive tests or
refusals to be tested in recent years. There were nine in 2011, 16 in
2013 and 27 in 2015.

"This is not acceptable and the TTC cannot wait any longer to act,"
the news release said.

Kinnear said he doubted whether the TTC's numbers could be trusted,
but that even if they were taken at face value, they didn't justify
subjecting the bulk of the agency's workforce to tests that could ruin
their livelihood "because you've got half a per cent that may not be
able to meet the standard that the TTC is applying."

A third party would run the testing, the TTC said.

Alcohol tests would be done via breathalyzer, while an oral swab would
be used for drugs.

It's not clear how the TTC will pay for the tests.

Last week, the agency's board approved $1.3 million in funding for it
next year, but that money was not included in a preliminary 2017
budget prepared by city staff this week.

TTC spokesperson Brad Ross signalled that the agency intends to move
ahead with the plan regardless.
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MAP posted-by: Matt