Worker had drugs in his system when he died on the job last year
Following the arrest of a bus driver for drunk driving this week and the revelation that a transit worker had marijuana in his system when he was killed on the job last year, the Toronto Transit Commission (TTC) is considering implementing drug testing.
On Tuesday, passengers on a Toronto bus called police to report they suspected their driver was drunk. Satvinder Bisla was charged with one count of driving over the legal limit.
Last Arpil, Antonio Almeida, who was working as part of an 11-member asbestos removal crew in a subway tunnel, had marijuana in his system when the work car he was driving crashed, killing him and injuring two others.
In light of these two events, the commission is considering drug and alcohol testing as part of a broader discussion about how to determine fitness for duty to ensure public and employee safety, said TTC chair Adam Giambrone.
While rider safety is paramount, measures to ensure safety must also be balanced with legal considerations, privacy issues and respect for employees, said Giambrone
Drug testing is generally considered discriminatory under Canadian Human Rights regulations, in part because a positive drug test doesn't reveal when the drugs were taken and can't be linked definitively to impairment on the job.
However, human rights case law does support testing in "safety-critical" occupations such as trucking, particularly where it involves crossing the border, or transit.
Windsor, Ont., is the only Canadian jurisdiction that tests transit workers because buses cross into Detroit and the drug testing is mandatory to comply with regulations in the United States.
The TTC union has voiced its objection to the use of drug and alcohol testing on the job.
On Tuesday, passengers on a Toronto bus called police to report they suspected their driver was drunk. Satvinder Bisla was charged with one count of driving over the legal limit.
Last Arpil, Antonio Almeida, who was working as part of an 11-member asbestos removal crew in a subway tunnel, had marijuana in his system when the work car he was driving crashed, killing him and injuring two others.
In light of these two events, the commission is considering drug and alcohol testing as part of a broader discussion about how to determine fitness for duty to ensure public and employee safety, said TTC chair Adam Giambrone.
While rider safety is paramount, measures to ensure safety must also be balanced with legal considerations, privacy issues and respect for employees, said Giambrone
Drug testing is generally considered discriminatory under Canadian Human Rights regulations, in part because a positive drug test doesn't reveal when the drugs were taken and can't be linked definitively to impairment on the job.
However, human rights case law does support testing in "safety-critical" occupations such as trucking, particularly where it involves crossing the border, or transit.
Windsor, Ont., is the only Canadian jurisdiction that tests transit workers because buses cross into Detroit and the drug testing is mandatory to comply with regulations in the United States.
The TTC union has voiced its objection to the use of drug and alcohol testing on the job.
