Toronto Transit
Commission New Hires To Be "Drug" Tested;
The News Is That The Politicians Object!
From The Toronto Star
lettertoed@thestar.com http://www.thestar.com/
May 30, 1998
By Paul Moloney, Toronto Star City Hall Bureau
(Ed. note: This article illustrates how our northern neighbor is
much more concerned with individual rights than DEAland. That whirring sound is our
Founding Fathers spinning in their graves.)
NEW TTC STAFF FACE DRUG TESTS
Candidates For Safety-Sensitive Jobs Will Be Targeted
The Toronto Transit Commission will require prospective employees to submit to drug
tests, a move the TTCs political masters describe as overkill.
"Ive never been big on drug testing," said TTC chair Howard Moscoe,
councillor for the North York Spadina ward.
"I dont recall any instances of our drivers being impaired by drugs, so as
far as Im concerned, its overkill."
(Ed. note: I dont recall any instance of a DEAland politician
objecting to unnecessary "drug" testing.)
He said he was unaware of the new policy and intends to raise it for discussion at the
next commission meeting, June 17.
TTC management, which plans to implement the program in 30 days, doesnt see it as
a big deal. The politicians werent consulted because its considered an
internal human resources matter.
"Acceptable eyesight obviously is a requirement if youre driving," said
deputy general manager Lynn Hilborn.
"There are standard things we do already and this is being added."
The testing covers all candidates for safety-sensitive jobs - vehicle operators,
mechanics and repair workers for the TTCs vast track, signal, electrical and
communication systems.
In all, the TTC hires about 300 people each year just to replace those who retire or
leave.
The TTCs list of banned substances includes marijuana,
cocaine, heroin, morphine, codeine, amphetamines and methamphetamines. The testing will be
done by an outside laboratory. If a prescription drug is found, the TTCs doctor will
contact the candidates physician to confirm it was legitimately prescribed, Hilborn
said.
In the case of illicit drugs like marijuana, the candidate will
automatically be ruled ineligible.
"All I can say is, snowboarders beware, " Hilborn said.
(Ed. note: Obviously, this is intended as a joke, but consider that someone could win
an Olympic Gold Medal for something that requires the coordination of snowboarding and yet
be ruled unfit to drive a bus.")
Councillor David Miller (High Park) said he opposes across-the-board drug testing of
prospective employees.
"Its very invasive," he said. "Its wrong as a matter of
principle unless you have grounds to test."
In terms of job applicants, Miller said the only way grounds could be established is if
the candidate showed up obviously impaired for a job interview.
Hilborn said the TTC has studied the issue carefully for more than a year and sees it
as part of the need to strive for safety improvements on a system that handles 1.3 million
passenger trips daily.
The Amalgamated Transit Union, Local 113, has no involvement because prospective
employees are not yet union members, said president Vince Casuti.
"Its managements prerogative," he said. "We cant
dictate to the company on screening employees being hired."
If management were to implement random testing of the entire
workforce, the union would fight strenuously, he said.
It will be up to candidates who object to take their cases on their own to the Ontario
Human Rights Commission, he added.
A successful challenge to the TTCs policy is a distinct
possibility, said Israel Balter, a human rights lawyer at Lang Michener.
Balter said drug and alcohol addictions are seen as disabilities and the Human Rights
Code prohibits employers from discriminating against people with disabilities.
"If I perceive you as having an addiction to alcohol or drugs, theres a
violation of the code if I use that perception to treat you unequally.
"Thats the difficulty with the way the legislation is now being interpreted,
because it handcuffs employers from being able to impose reasonable terms of
employment."
The TTC knows of no other Canadian transit system that imposes
drug tests, although CN tests applicants for safety-sensitive jobs and Greyhound tests
drivers.
(Ed. note: Is there any evidence that Canadian public transport is any less safe than
ours?)