In a recent decision, the Honourable Justice Marrocco of the
Ontario Superior Court of Justice denied the request of the
Amalgamated Transit Union Local 113 and Robert Kinnear (the
"Applicants") to restrain the TTC from
conducting the random drug and alcohol testing of its
employees.
The random testing applies to TTC employees who work in safety
sensitive, specified management, senior management and designated
executive positions, including the TTC's CEO. The TTC expects
to test 20% of its eligible employees per year, which means that
statistically, each eligible employee has the chance of being
tested once every five years. If selected, employees will be
required to take an alcohol breathalyzer test and an oral fluid
drug test. A failure to submit to a random test will be a violation
of company policy, and employees who test positive will be
considered unfit for duty.
