An arbitrator concluded that the Toronto Transit Commission’s random drug‑testing program is unlawful and violates employees’ rights.
The decision, issued in a 350‑page ruling, found that the TTC had no justification for subjecting workers to surprise drug tests, citing a lack of scientific evidence that such testing improves safety.
Additionally, the arbitrator determined that oral tests for THC, the main psychoactive compound in cannabis, are unsuitable for the purpose the TTC intended.
Union representatives welcomed the ruling, noting that thousands of transit employees had been compelled to undergo the tests.
They also highlighted that hundreds of workers lost their jobs after the TTC’s tests were deemed inaccurate and unreliable.
The union criticized the policy as a tragedy for workers and families, and argued that public funds could have been directed toward more effective safety initiatives.
In her judgment, the arbitrator ordered several remedies, including the immediate reinstatement of eight employees who had been dismissed under the program.
The random drug‑testing policy was initially adopted in 2010 and expanded in 2011 to cover up to 20% of safety‑critical positions, such as operators, maintenance crews, supervisors, and senior management.
A 2016 rollout plan allocated $1.3 million for a third‑party testing firm, but legal challenges delayed the launch until May 2017.
Between May 2017 and December 2018, 4,300 employees were tested, with about 2% refusing the test or testing positive.
The ruling signals a significant shift in how transit authorities may approach employee safety and privacy in the future.
