Random drug testing a go for TTC
Public safety will benefit from detection and deterrence of transit employee drug use: Court
04/03/2017|Canadian Employment Law Today|Last Updated: 04/03/2017
The Toronto Transit Commission (TTC) has been given the legal green light to proceed with its random drug testing policy.
The TTC had planned to implement the policy of random testing of its employees at the beginning of March, but the Amalgamated Transit Union Local 113 challenged the policy as a violation of employee privacy rights and a risk of “psychological” and “reputational” harm to employees. The union applied to the Ontario Superior Court of Justice for an injunction.
However, the court sided with the TTC, finding no evidence that such harm would come to employees. The court also found that the TTC had demonstrated there was an existing drug and alcohol problem in its workplace that was difficult to detect. The benefit to public safety that random testing would bring by increasing detection and deterrence of drug use by TTC employees outweighed any infringement of employee privacy, the court said.
The TTC indicated it would introduce random drug testing later in April, The Toronto Star reported.