TTC to ponder options after arbitrator orders it to stop random drug testing of workers

The TTC will consider its legal options after a labour arbitrator ordered the transit agency this week to stop random drug and alcohol testing of employees immediately, its CEO says.

TTC to ponder options after arbitrator orders it to stop random drug testing of workers Arbitrator ruled random drug and alcohol testing of workers violates Charter The TTC will consider its legal options after a labour arbitrator ordered the transit agency this week to stop random drug and alcohol testing of employees immediately, its CEO says. Mandeep Lali told reporters at an unrelated news conference on Wednesday that the TTC is still reviewing the 389-page decision by arbitrator Laura Trachuk that was released on Monday.

Lali said the TTC has received the report, is complying with its orders, will decide if it will challenge the ruling, and if so, how and when. Random drug testing is done by employers around the world in "safety-critical" industries, including for cause and after incidents, he said. "It is nothing new worldwide for safety critical industries, which we are, to ensure the safety of the public, to ensure safety of our passengers and to ensure the safety of our staff," Lali said.

Policy 'not a reasonable exercise of management rights' In her ruling, Trachuk said the TTC's random drug and alcohol testing policy, implemented as part of its fit for duty policy, is "not a reasonable exercise of its management rights." The policy is a violation of the collective agreement and is a violation of section 8 of the Canadian Charter of Rights and Freedoms, she said. "The TTC has an interest in public and workplace safety and enhancing that safety is a reasonable goal.

However, randomly testing employees for drugs and alcohol without cause is not a reasonable measure to achieve that goal," Trachuk said. "Employees have a reasonable expectation of privacy and Random Testing is a real and significant intrusion on those interests. The TTC has not demonstrated that there is a general problem with drugs and alcohol in its workplace," she added.

Trachuk also looked at oral fluid tests done by the TTC to test randomly for THC, which stands for tetrahydrocannabinol, the major active ingredient in cannabis, and concluded: "An oral fluid test for THC is not fit for the purpose for which it is being used by the TTC." Union calls ruling 'historic and decisive' victory In a news release on Monday, Marvin Alfred, president of the Amalgamated Transit Union, Local 113, said the ruling is a "historic and decisive" victory for workers' rights. "Literally thousands of workers have been forced to undergo these unreasonable tests which were never fit for purpose," Alfred said in the release.

"Hundreds of workers have lost their employment because they were forced to take tests that were inaccurate and unreliable. This policy has been a tragedy for the workers and their families who have been devastated because of the misguided and inappropriate use of tests."