TTC and Mandatory Drug Testing

MEMO OF LAW
Name:
Course:
Professor Name:
(March 2, 2012)
MEMORANDUM
TO:
FROM:
DATE: March 2, 2012
RE: TTC and Mandatory Drug Testing
Issue
The news of the Toronto Transit Commission (TTC), in that it has approved random and Mandatory Drug Testing to employees has been received with great shock and disbelief. Not many people were prepared for a random and mandatory test; such as breathalyzers and moth swabs. The major question still abounds on whether the employees should be exempt from this or should they be forced to do this? It has brought about a public on all transit workers who feel that their rights are being abused. Do the TTC officials see it as ethical and fair to mandatory check employees without their consent or even prior notice?
Brief Answer
The transit workers have the right to privacy which is guaranteed in the constitution; on the other hand no one is allowed to break the law. In a bid to balance the two facts there must be an amicable solution. Firstly, the TTC should understand that employees have rights and they should be protected at all costs. Additionally, they should understand that there are better ways to curb drugs and substance abuse rather than rushing to eliminate the consumers. Why can’t they concentrate on the supply end and eliminate those who supply the drugs? Also drugs are not only used by the transit workers and hence other populations are affected the measures taken by TTC should apply across the board without prejudice or bias.
Facts
On August 30, 2011 when a 51 year driver named William Ainsworth had an accident and killed Jadranka Petrova aged 43; the issue of drugs and substance abuse came to the highlights of the TTC. This was because the driver was found in possession of marijuana and was charged with negligence. As a matter of fact it is illegal to possess marijuana or use it all together; however a single case cannot determine the fate of numerous individuals. The only lame excuse is for the TTC chair to state “Riders can have the knowledge that we have random drug and alcohol testing at the commission and we're doing all we can to have a safe operating environment - and that operators are fit for duty when they show up to work” (Kalinowski 2011).
Under any circumstances, there should be adequate data to show that transit workers have a tendency to use and abuse the drugs. Indeed, the driver who committed the accident was not found to be under influence when he committed the accident. This begs the question whether it is fair to judge a whole crowd by the behaviors an individual display. This goes against a 2008 rejection of the same recommendation that sought to check the workers randomly. Currently, the law only applies random testing search on some employees on certain conditions. These include those working in positions that are safety sensitive; management level employees; and a number of executives.
If the TTC wanted to apply the di...