Pubdate: Fri, 19 Sep 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) TTC GIVES GREEN LIGHT TO DRUG TESTS FOR KEY STAFF Only 'at-risk' employees in safety-sensitive jobs are targeted - random tests not on the table The TTC has approved a limited drug-testing policy that will subject job applicants and workers most at risk of being impaired at work to saliva tests - if they're in roles where safety is crucial. The move by commissioners yesterday somewhat defused opposition from human rights advocates and union leader Bob Kinnear, who had refused to rule out a strike or legal action if workers were forced to submit to the most controversial part of the proposed policy: random testing. Under a fitness-for-duty policy to be implemented within a year, TTC workers in safety-sensitive jobs will be tested if there is reasonable suspicion they have been using banned substances on the job, or following an incident in which drug or alcohol use is suspected as a factor. Those caught using drugs and alcohol at work, or who are returning to work after attending a substance-treatment program, will also be monitored through testing, though it's not clear what form that testing will take. TTC chief general manager Gary Webster had argued for random testing of all employees as a deterrent. He suggested it was necessary to decrease the chances of a catastrophe, though proven cases of impairment have been relatively rare. Random testing would have made the TTC's policy among the most radical in Canada - where, unlike in the United States, courts and human rights commissions have generally deemed random tests an invasion of personal privacy. Civil liberties experts and union officials argued yesterday that random tests would indeed violate workers' dignity and privacy rights. "As a union we are opposed to anyone being impaired on the job," said Kinnear, who heads the Amalgamated Transit Union local. But "it is degrading to workers to have to pee into a cup, probably while someone watches to make sure it's your urine." The issue emerged from the April 2007 death of maintenance worker Tony Almeida, who was killed in an accident involving a subway work car that also injured two others. Although Almeida wasn't blamed for the accident, the coroner found he had been using drugs during his shift. He was caught using drugs months earlier, but wasn't monitored after he returned to work. A TTC report released last week showed there were 39 incidents of drug and alcohol impairment recorded among employees over the past three years or so, although not all were drivers, managers or in other safety-sensitive jobs. Only one of nine commissioners rejected all forms of substance testing. "I would hope sober second thought would prevail," Councillor Anthony Peruzza told his fellow commissioners. "We need to implement some measures but we have an obligation to our employees to guard their rights." Kinnear didn't say what the union's next step will be. But he said workers would meet management to talk about the policy. "We will not enter into anything that is arbitrarily rammed down our throats," Kinnear said, adding that it is "perplexing" for the TTC to suggest it could do a better job of assessing an employee's impairment level following an incident than the Toronto police. Still, he conceded, "It's somewhat encouraging that some on the commission recognized how invasive random testing would be." Details of how the tests will be administered, which jobs would be covered and which third party would provide the service haven't been worked out. The initial report suggested applicant testing could begin almost immediately, but that also needs to be worked out with the company that currently administers other tests to applicants, said TTC spokesperson Brad Ross. Downplaying suggestions testing could taint an applicant's or employee's work record, TTC chairperson Adam Giambrone said, "We're not governing what people do on their private time. All we care about is what happens when they report for duty. "Our job is to try and find a policy that is fair, that offers dignity and respect to our employees but also the passenger security and safety. We've been able to establish that policy. We'll continue to monitor it. We have a problem, we don't have a crisis," he said. The testing is expected to cost hundreds of thousands of dollars, Giambrone said. The TTC also approved an operating budget with an $87 million shortfall. - --- MAP posted-by: Larry Seguin