The Toronto Transit Commission's random drug-testing policy has been deemed unreasonable and contrary to the Charter of Rights and Freedoms, a labour arbitrator ruled on Monday. The policy, which was put into effect in 2010 and amended in 2011 to include random testing of up to 20% of safety-critical positions annually, was found to have no scientific justification to improve safety.
The arbitrator, Laura Trachuk, stated in her 350-page ruling that there was no evidence to support the use of surprise tests for THC, the principal psychoactive compound in cannabis. She also ruled that oral tests for THC were "not fit for the purpose for which it is being used by the TTC." This decision is being widely celebrated by the Amalgamated Transit Union (ATU) Local 113, which represents nearly 12,000 TTC employees in the city.
According to the union, thousands of employees were forced to take the tests, which were later found to be inaccurate and unreliable. The union's local president, Marvin Alfred, stated that hundreds of workers had lost their employment due to the tests, and that public dollars could have been better spent on real and effective safety initiatives.
The arbitrator ordered a number of remedies for eight workers whose cases formed the basis for the union's grievance, including immediate reinstatement of positions. The decision also highlighted the historic data showing that 4,300 employees were subjected to random drug tests between May 2017 and December 2018, with 2% either refusing the test or failing altogether.
