Fitness for Duty Policy

Contractor Requirements

Purpose

The Toronto Transit Commission (“TTC”) has an overriding obligation to protect the health and safety of all individuals affected by our work, as well as the environment in which we operate. This includes ensuring that all workers, including contract workers are Fit for Duty, which means reporting for work mentally and physically fit to perform their assigned tasks safely and reliably. In light of this obligation, and recognizing the safety sensitive nature of TTC operations, the Fitness for Duty Requirements for contractors (“Requirements”) are intended to outline in more detail the standards associated with being Fit for Duty while performing contract
work.

“Fit for Work/Duty” means the ability to safely and acceptably perform assigned duties without any limitations or impairment due to Extreme Fatigue and/or the use or after-effects of drugs. It includes being free from the risk of negative effects of Illicit drugs, alcohol, medications and/or mood/mind altering substances, as well as the misuse of and/or failure to take prescribed medications.

Application

Contractors are encouraged to implement their own Fitness for Duty policy. At a minimum, contractors are expected to ensure that they and all contract workers they employ, contract with, or assign to perform contract work, understand and meet the Requirements set out herein.

The Fitness for Duty Requirements are applicable at all times that a contractor or contact worker is on TTC business, premises and worksites, but excludes when on public transit being used for travel while not on duty.

For the purpose of these Requirements:

“Contract work” means work and/or services provided to the TTC under this contract.
“Contractor” means any person or entity with whom the TTC contracts directly to perform contract work under a contract and/or an invoice basis.
“Contract worker” means any contractor or subcontractor, and any individual or entity that the contractor or Subcontractor employs, contracts with or assigns to perform contract work.
“TTC premises and worksites” includes but are not necessarily restricted to all land, facilities, offices, mobile equipment and vehicles that are owned, leased or otherwise possessed or occupied by the TTC for the purposes of conducting TTC Business. This includes, but is not limited to, TTC revenue and non-revenue vehicles, subway stations, transportation and maintenance facilities, track level and offices. It also includes any off-work location or worksite to which contract workers have been assigned or which they may access during the performance of work or services. For purposes of these Requirements, the term “TTC premises and worksites” excludes public transit when being used by a contractor or contract worker for travel while not on duty.
“TTC business” means all business activities undertaken by contractors or contract workers in the course of the TTC’s operations, whether conducted on or off TTC Premises.
“On Duty” is the time period commencing from when a contract worker reports to perform contract work up until the time he or she ceases to perform contract work for the day, and includes lunch, break times and times between the portions of split crews. On duty also includes the time period in which an individual is required to be performing contract work or is on stand-by to perform contract work or is in attendance in a working session at a conference or seminar as a representative of the TTC, either as a speaker or an attendee. On Duty also includes being on TTC business, premises and worksites and/or when in issued TTC Uniform/Identifiable Clothing.

Responsibilities

Contractors

Contractors are expected to comply with these requirements including, but not limited to:

advising their representatives and contract workers of the expectations set out in these Requirements, and ensure that they understand and meet the obligations;
maintaining a safe workplace and transportation system by ensuring that their representatives and contract workers remain free from the risk of negative effects of alcohol and other drug use, the use/misuse of and/or failure to take medications, and Extreme Fatigue by enforcing these Requirements for their representatives and contract workers;
co-operating with any investigation required by TTC into any potential violation of these Requirements;
if unexpected circumstances arise where a contract worker is requested to perform contract work while he or she is not Fit for Duty, the contractor must notify the contract worker’s supervisor and/or a TTC representative that the contract work cannot be performed.
“TTC Representative” refers to the individual accountable for a particular facility, department or area including managers, and others in supervisory positions who direct individuals.

Contract workers

Contract workers are expected to comply with these Requirements including, but not limited to:

reporting Fit for Duty, and remaining Fit for Duty while On-Duty;
co-operating with any investigation into any potential violation of these Requirements;
taking appropriate action(s) to minimize any safety risk by advising a TTC representative if any individual may be in violation of these Requirements; and
if unexpected circumstances arise where a contract worker is requested to perform contract work while he or she is not Fit for Duty, it is the responsibility of the contract worker to inform the contractor the contract worker’s supervisor and/or a TTC representative that he or she cannot perform the contract work.

Standards

Illicit drugs, alcohol, mood/mind altering substances

“Drug” means any substance, including but not limited to alcohol, legal substances or illicit drugs/substances, prescription/non-prescription medications, and/or other mood/mind altering substances (as defined below), the use of which has the potential to change or adversely affect the way a person thinks, feels or acts. For purposes of these Requirements, drugs of concern are those that may diminish a contract worker’s ability to report Fit for Duty and/or perform his or her work safely and productively, due to their impairing or intoxicating effects, including impairing carry-over, withdrawal and chronic effects. Drugs include:

Alcohol: beer, wine and distilled spirits, and includes the alcohol found in medicines or other products.
Illicit drug: includes any drug or substance whose use, sale, possession, purchase or transfer is restricted or prohibited by provincial or federal law.
Medication: a drug that can be obtained legally, either over-the-counter, on the shelf or through a doctor or Nurse Practitioner’s prescription.
Mood/mind altering substance: any other substance that can result in cognitive and/or physical effects that negatively impact performance on the job. For purposes of these Requirements, cannabis used in any form (including herbal, hash/hashish, or hash oil), regardless of delivery method (including inhalation, oral or topical), is considered a mood/mind altering substance.

“Drug paraphernalia” any personal property which is associated with the use of any drug, substance, chemical or agent, including any mood/mind altering substance, with the exception of devices used for the administration of a legally prescribed medication.

The following are prohibited:

reporting for duty or remaining on duty under the influence of illicit drugs, alcohol or other mood/mind altering substances from any source;
consuming alcohol, illicit drugs or mood/mind altering substances, or any product containing alcohol, illicit drugs or mood/mind altering substances, including during meals or other breaks while on duty; and
the use, possession, purchase, distribution, offering or sale of alcohol, illicit drugs, mood/mind altering substances and/or associated drug paraphernalia;

Medications

As noted above, medications are drugs that can be obtained legally, either over-the-counter, off the shelf, or through a doctor’s prescription.

Contract workers must responsibly use all medication(s), whether prescribed, off the shelf or over-the-counter, to ensure they comply with these Requirements, including taking steps to ensure that they are Fit for Duty. Medications of concern are those that inhibit or may affect a contract worker’s ability to report Fit for Duty and/or perform their work safely. There are many medications (over-the-counter, on the shelf, and prescription drugs) that may have impairing effects, including (but not limited to) the common ones listed in the attached Schedule A.

Contract workers are required to responsibly use all medications to avoid impacting their Fitness for Duty. They are required to explain their job functions to their doctor or pharmacist to determine whether a medication can adversely affect performance or the safe operation of any equipment or machinery, including vehicles. They should also take appropriate steps to minimize associated risk, which would include by using a safe alternative where available, or if there is no alternative, by notifying the contractor their supervisor or a TTC representative of their inability to perform contract work safely.

Contract workers must disclose to the contractor the use of any medications which may affect their Fitness for Duty. This must be reported prior to attending any TTC premises or worksites. Contractors are expected to be familiar with medications of concern, including those set out in Schedule A, and are expected to ensure that their contract workers are aware of medications of concern and the related disclosure obligation.

The following are prohibited while on duty or on TTC premises or worksites:

not being Fit for Duty due to the use of a medication(s);
the possession of prescribed medication(s) without a legally obtained prescription, and/or unauthorized distribution, offering or sale, or purchase of prescription medication(s).
the misuse of medication (e.g. using medications(s) in a way other than prescribed or directed by a prescribing health professional or pharmacy, using someone else’s prescription medication, combining medication(s) with alcohol, other medications and/or drugs against direction); and
the failure and/or refusal to adhere to or comply with directions, guidelines or advice from the contract
worker’s physician regarding medication use.

Extreme fatigue

“Extreme fatigue” means physical and/or mental exhaustion that reduces a person’s alertness such that a safety hazard is created or results in an inability to safely perform contract work.

Contract workers must not report for duty or remain on duty when suffering from extreme fatigue. Reporting for, or remaining on duty, and/or failing to decline an unexpected call, when suffering from extreme fatigue is a violation of these Requirements.

All contract workers are responsible for:

taking appropriate action to avoid extreme fatigue when on duty;
ensuring sufficient rest periods prior to starting work and utilizing breaks provided within and between shifts to rest and recuperate; and
recognizing the symptoms of fatigue and reporting incidents of extreme fatigue to the contractor, his or her supervisor and/or a TTC representative.

Investigations and reporting requirements

Fit for Duty

1) Investigations by contractors:

If there are reasonable grounds to believe that a contract worker is not Fit for Duty, or has otherwise violated the Requirements, the contractor is required to notify a TTC representative immediately, to remove the contract worker from performing contract work and to provide the contract worker with an opportunity to explain the situation. If the contractor is unavailable or otherwise unable to have the contract worker removed, the TTC will remove the contract worker.

The contract worker shall not perform any further contract work, perform additional contract work or enter upon any TTC premises and worksites pending the results of the investigation without the permission of the contractor. All investigations by the contractor must be performed to the TTC’s satisfaction. A contractor must prepare a written report directed to the applicable TTC representative setting out the nature of its investigation and the results.

2) Investigations by the TTC where conflicts of interests exist:

In some circumstances, a conflict of interest will exist with regard to having the contractor conduct an investigation into whether a contract worker is Fit for Duty or has otherwise violated the Requirements, for e.g. where the contract worker is a director, owner or officer of the contractor, or where the contract worker is an individual who does not have any employees and is directly engaged by the TTC. The TTC in its sole discretion will determine whether a conflict of interest exists preventing the contractor from conducting the investigation.

If a conflict of interest exists, the contractor will not conduct an investigation into whether a contract worker is Fit for Duty, or has otherwise violated the Requirements. Instead, a TTC representative will conduct the investigation.

If reasonable grounds exist to believe that the contract worker is not Fit for Duty or has otherwise violated the Requirements, they will be removed from performing any contract work and given an opportunity to explain the situation to a TTC representative.

If the TTC representative still believes that the contract worker is not Fit for Duty or has otherwise violated the Requirements, after the contract worker is provided with an opportunity to explain the situation, the TTC representative will consult with a second TTC representative.

The TTC will prepare a written report directed to the contractor setting out the nature of its investigation and the results.

Impaired driving situations

If required to operate any vehicle, contract workers must report the loss of a valid driver’s license to the contractor, their supervisor and/or a TTC representative immediately. In addition, contract workers are required to immediately report to the contractor, their supervisor and/or a TTC representative the receipt of any impaired driving charges and/or suspensions received while operating a vehicle on duty, and to comply with all investigation procedures and consequences.

Possession of alcohol or drugs

Contractors are required to notify a TTC representative if they have reasonable grounds to believe that a contract worker possesses alcohol and/or illicit drugs or other mood/mind altering substances while performing contract work or otherwise on TTC premises or worksites while on duty. In cases where the contractor or the TTC has reasonable grounds to believe this, the police must be contacted. If police do not conduct an investigation, the TTC in its sole discretion will determine if the TTC or the contractor will conduct the investigation. A contract worker may not perform any contract work or additional contract work pending the results of an investigation.

If a contractor conducts the investigation, a report must be prepared setting out the nature of its investigation and the results. All investigations conducted by contractors must be performed to the TTC’s satisfaction.

Contract worker refusal to participate in investigation

Where a contract worker refuses to participate in an investigation consistent with these Requirements, he or
she will be directed to cease performing any contract work.

Violations and consequences

Violations

In the case of a confirmed violation of the Requirements as confirmed through an investigation, the contractor and/or contract worker shall not perform any further or additional contract work and/or enter upon any TTC premises or worksites without the TTC’s written permission. If requested by the TTC, the contractor must provide a written safety program detailing how the contractor will ensure adherence to these Requirements when performing further and/or additional contract work to obtain this written permission.

The decision to permit a contractor and/or contract worker to perform further and/or additional contract work and to enter upon TTC premises or worksites, is at the sole discretion of the TTC.

If the contractor and/or contract worker does receive the TTC’s written permission to perform further and/or additional contract work, the contractor and/or contract worker must adhere to the written safety program, if applicable, and any imposed written conditions that the TTC in its sole discretion may determine are appropriate to ensure that future violations of the Requirements do not occur.

Consequences

Contractors that are in violation of the Requirements may be in breach of their contract with the TTC. This breach of contract may result in the contractor being required to pay liquidated damages pursuant to the terms of the contract to the TTC, and/or suspension and/or termination of the contract.

At the sole discretion of the TTC, it may choose to not consider the contractor who has violated these Requirements for additional contract work for a period of one year from the date of the termination letter. In such an instance, during the one-year period, the contractor and/or contract worker will be removed from the TTC’s bidders list and any bid submissions from the contractor will not be considered. The contractor and/or the contract worker will also be prohibited from entering any TTC premises and worksites.

Contact information

For further information related to the application and expectations of this document you may contact your TTC Account Representative or the Manager – Fitness for Duty.

Fitness for Duty

Fitness for Duty, Manager
416-206-3169
FitnessForDuty@ttc.ca

Schedule A

There are many medications (over-the-counter, on the shelf, and prescription drugs) that may have impairing effects, including (but not limited to) the common ones listed below.

aa. Antihistamines, such as Benadryl and Dimetane (Brompheniramine), are widely prescribed for hay fever and other allergies. They are also found in many cold medications. These medications may cause drowsiness.
bb. Motion sickness drugs such as Gravol and Antivert are used to prevent motion sickness and nausea. Side effects may include drowsiness.
cc. Barbiturates, sedatives, hypnotics, tranquilizers, antidepressants such as Ativan, Imovane and Paxil, are used to treat sleep disorders and depression. Potential side effects may include mild sedation, hypnotic state, dizziness or drowsiness.
dd. Narcotics such as Demerol, OxyContin/Oxycodone/Oxyneo, Percocet and Codeine (which is often found in combination drugs such as 222s or 292s or Tylenol 1, 2, 3s) are used to treat and manage pain. They may cause drowsiness, dizziness, and light-headedness are known side effects.
ee. Opioid Agonist Treatment such as methadone, suboxone, buprenorphine may be prescribed to treat opioid use disorder and chronic pain. The may result in drowsiness, dizziness, and light-headedness and may impact reaction time and cognitive functioning.
ff. Stimulants such as amphetamines or medications offered as “diet pills” may be used for central nervous system stimulation and for appetite suppression. They can produce sensations of well-being which may have an adverse effect on judgment, mood and behavior.
gg. Anticonvulsants such as Dilantin and Gabapentin are used to control epileptic seizures. They may cause drowsiness.
hh. Muscle relaxants such as Flexeril, Robaxisal and Robaxacete are used to treat musculoskeletal pain. Most common side effects are sedation and drowsiness.
ii. Cold tablets/cough mixtures such as Sinutab, Contac-C, Triaminic, Tussionex and preparations containing dextromethorphan (DM) or codeine may be used to treat cough and cold symptoms. They may, particularly nighttime remedies, cause drowsiness.
jj. Cannabis such as dried marijuana and cannabis oil, may be used for recreational purposes or to treat some conditions. Cannabis consumed in any form, by any route of administration, and at any concentration can cause dizziness, slow reaction time, disruption in attention, sleeplessness or sedation, a distorted sense of time, memory defects, and forgetfulness among other impairments.