Pubdate: Thu, 05 Jun 2008 Source: Toronto Star (CN ON) Copyright: 2008 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Tess Kalinowski Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) DRUG TESTS FOR TTC STAFF? Commission Considers Controversial Practice Following Worker's Death But Transit Union Calls It A Human Rights Violation The Toronto Transit Commission is considering a highly controversial move to require drug and alcohol testing of employees, following the death of a subway worker in April 2007. The idea, slated to be considered by the commission during a June 18 safety discussion, is likely to be fiercely opposed by the TTC unions. "That's an infringement on my human rights," union head Bob Kinnear responded yesterday, adding that TTC workers would undergo drug tests "as soon as Prime Minister Stephen Harper or Premier Dalton McGuinty do it." The proposal came to light a day after a TTC bus operator was charged with impaired driving. But it was last year's fatal accident that killed maintenance worker Antonio Almeida, 38, that has prompted the transit commission to consider drug testing, the Star has learned. The married father of two had drugs in his system when he died in the accident, which also seriously injured two others in the 11-member asbestos removal crew, said sources close to the investigation. Almeida was crushed while driving a work car at the end of his night shift. The accident occurred when a piece of equipment snagged on a tunnel wall. The Ontario Coroner's Office is to decide by end of the month whether there will be an inquest. There's no evidence Almeida was responsible for the tragedy, according to the sources. He was, however, one of three TTC employees caught together using cannabis during working hours in the year before he died, a source said. The drug use took place in a car off TTC property. All three employees were initially fired following the incident, but the company reinstated Almeida and another worker, said a source. Almeida's widow, however, denied her husband was fired for the incident in the car. He was suspended for two weeks while the company investigated, said Sonya Almeida last night. "If he had smoked he would have been fired," she said, adding that it was within a couple of months of that incident that the TTC gave her husband an award of excellence. She said her husband was not smoking drugs the day before his final shift. "I know for a fact he didn't smoke on the Sunday," she said. The issue of drug and alcohol testing is being raised within a broader discussion of public and employee safety and how to determine whether employees are fit for duty, said TTC chair Adam Giambrone, who would not confirm the reported drug use. "You expect people to be able to come to work and do their job safely. The question will come up - `Will that include drug and alcohol testing?' We're evaluating that. How do you deal with fatigue, which is a very serious situation when it comes to driving? We have to figure that out," he said. "The drug testing, if you were going to do that, isn't necessarily the be-all and end-all." Last month, the TTC was fined $200,000 after it pleaded guilty to failing to take every reasonable precaution to protect Almeida and other workers. It also was ordered to pay $50,000 to a fund for victims of crime. Although drug testing by transit authorities is common in the U.S., Giambrone said he's aware of only one in Canada that does it: Windsor. Buses there cross into Detroit and the testing is mandatory to comply with U.S. regulations. There is no drug test that would prevent the kind of "isolated incident" that occurred on a TTC bus this week, Kinnear argued. On Tuesday, passengers on a TTC bus in the west end of the city called police to report they suspected their driver was drunk. Satvinder Bisla, 48, was charged with one count of driving over the legal limit. "His employment will be terminated," TTC spokesperson Brad Ross said yesterday. "We can't have our operators driving our vehicles intoxicated. It goes against everything we're about with respect to public safety. It's a pretty basic standard of expectation that we have and that the public has." Kinnear said that his union deals with about half a dozen cases a year of alcohol or drugs on the job among its 9,000 members. But checks are built into the system: Operators must check in with supervisors and clerks to collect fare boxes before their shifts. If there's a suspicion they're impaired, they are not allowed behind the wheel, Giambrone said. "Nothing is absolute," he said. "In all these situations you need to assure yourself you've got a good system in place that deals with almost all circumstances. Even under drug and alcohol testing there's mistakes." With thousands of employees, "you just couldn't test everyone every day even if you wanted to." The safety of the 1.5 million people who ride the TTC every day is paramount, he said. But measures to ensure safety must also be balanced with legal considerations, privacy issues and respect for employees. Drug testing generally is considered discriminatory under the Canadian Human Rights Commission guidelines for employers, said Karen Izzard, a senior policy adviser. "A positive drug test doesn't tell you when drugs were taken, how much was taken. It can't be linked necessarily to impairment on the job." Human rights case law does support testing in "safety-critical" occupations such as trucking, particularly where it involves crossing the border, or transit, she said. But the practice, criticized for its potential to violate personal privacy, is widely rejected by workers. - --- MAP posted-by: Larry Seguin