Random drug and alcohol testing at the TTC


7. Refusals to test and the policy

While education and assistance are the preferred responses when an employee is deemed unfit for duty, the TTC reserves the right to take all appropriate disciplinary action, up to and including dismissal, if an employee violates the terms of the Fitness for Duty policy.

A refusal includes: refusal to be tested, failure to cooperate with the collection process, failure to remain readily available for testing, or refusal to agree to disclose the result to the FFD Group.

A refusal would also occur if the employee alleges there is a medical reason for not being able to provide an adequate sample, but is later unable to verify this through medical documentation.

A refusal to test includes failure to co-operate with the collection process, failure to remain readily available for testing, a confirmed attempt to tamper with a sample, and refusal to agree to disclose the test result to the program administrator or designate.

Grounds for discipline

A positive test result is a violation of the policy and grounds for disciplinary action up to and including dismissal. In all situations there will be an investigation to verify that a violation has occurred before disciplinary action is taken. The severity of the consequences depends on the nature of the circumstances. You may be referred to a substance abuse professional for an assessment.

The TTC’s discipline process always considers the individual facts of each case.

In some cases, negative results can result in discipline, such as when an alcohol result is between 0.02 and 0.04, or when it becomes known that an employee has been taking impairing medication in the workplace and has not reported it to Occupational Health.
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