Source: Toronto Star (Canada) 
Contact:  
Website: http://www.thestar.com/ 
Pubdate: Saturday, May 30, 1998
Author: Paul Moloney, Toronto Star City Hall Bureau

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 TTC's political masters describe as overkill.

``I've never been big on drug testing,'' said TTC chair Howard Moscoe,
councillor for the North York Spadina ward.

``I don't recall any instances of our drivers being impaired by drugs, so
as far as I'm concerned, it's overkill.''

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, doesn't
see it as a big deal. The politicians weren't consulted because it's
considered an internal human resources matter.

``Acceptable eyesight obviously is a requirement if you're 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 TTC's 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 TTC's 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 TTC's
doctor will contact the candidate's 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.

Councillor David Miller (High Park) said he opposes across-the-board drug
testing of prospective employees.

``It's very invasive,'' he said. ``It's 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.

``It's management's prerogative,'' he said. ``We can't 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 TTC's 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, there's a
violation of the code if I use that perception to treat you unequally.

``That's 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.
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Checked-by: Richard Lake