TTC MANAGERS ADVISE DRUG TESTS FOR STAFF IN 'SAFETY SENSITIVE' JOBS

After what they call a "troubling" number of transit workers who have
shown up drunk or stoned, TTC managers are recommending drug and
alcohol testing for employees in "safety sensitive" positions, such as
bus, streetcar and subway drivers and track workers.

Citing 39 incidents in the past 21/2 years - including four in the
first six months of this year alone involving drivers - senior Toronto
Transit Commission officials are calling for a controversial
random-testing regime, which they say is a proven deterrent in the
United States where it is mandated by law for transit workers.

Mayor David Miller and TTC chairman Adam Giambrone, however, said
yesterday they remain opposed to random testing as too invasive, but
favour other management recommendations, such as testing employees
already caught drunk or stoned on the job.

The proposals were prompted by a probe that revealed there was
marijuana in the system of a maintenance worker killed in the 2007
crash of his subway work car, and that he had been previously
disciplined for drug use. The plan was released yesterday in advance
of a meeting next week of the nine city councillors who oversee the
TTC.

Gary Webster, the TTC's chief general manager - who, along with other
top TTC executives, would also submit to the proposed testing -
stressed that the transit system is safe.

But he said the potential for deadly accidents means the transit
agency has to recommend random testing, even in the face of political
opposition and the "tough slogging" to come in talks on the issue with
the TTC's largest union, just months after its surprise spring strike.

"We have excellent employees that do a good job. The number of
incidents are low, but the potential consequences can be
catastrophic," Mr. Webster told reporters yesterday. "That is an
unacceptable risk, from our perspective."

The mayor, a lawyer, told reporters yesterday that he thought a
random-testing regime could run into legal problems as a violation of
human rights, but that he supported the testing of workers where there
is evidence of impairment.

"I think you have to be very careful when it comes to just randomly
testing people who have done nothing wrong," Mr. Miller said. "That's
a basic right, to at least have some evidence."

Legal experts say recent court rulings suggest the ground is shifting
in Canada, which used to be more resistant to drug and alcohol
testing. It is now used in Canada in the rail, oil, forestry,
intercity bus and aviation industries, among others. Windsor's public
transit agency tests drivers, because it has routes that enter the
United States.

In addition to random testing, the TTC plan would test workers
suspected of intoxication, and test them after an incident as a
condition of returning to work. Any new applicants for "safety
sensitive" positions would also be tested, as would supervisors and
superintendents overseeing "safety sensitive" work.

Many of the details have yet to be worked out, and the start of
testing is still up to a year away even if approved next week. The
policy would also boost counselling and other programs to help
employees with drug and alcohol problems.

Bob Kinnear, president of Local 113 of the Amalgamated Transit Union,
accused the TTC of trying to "tarnish" its employees, and would not
rule out a labour disruption to protest the testing plan.