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TTC subway operator barred while using medicinal cannabis

Charlemagne

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'I feel betrayed by my company': TTC subway operator barred while using medicinal cannabis

TTC says it must keep the public safe and won't take chances with any form of cannabis

Chris Glover·CBC News·Posted: Sep 18, 2018 5:00 AM ET |

A Toronto Transit Commission employee says she's back on opioids because her employer told her she can't use medical marijuana and remain as a subway operator, even though her doctor thinks cannabis is the best treatment for her chronic pain.

Ellaine Farrell, 59, has suffered from two herniated discs in her lower back and fibromyalgia, a condition that causes widespread pain. She said the TTC offered her other non-safety-sensitive positions if she wanted to stay on medicinal cannabis, but they would come with a big pay cut.

"I feel betrayed by my company, especially when there's people making decisions on my life and they have never ever seen me face to face," Farrell, a 26-year TTC employee, told CBC Toronto.

"Even their doctor, who's supposed to be doing all their decisions, has never seen me face to face and they're going against my doctors? They're going against a specialist? Really, honestly, it's so wrong.

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Farrell said she's now taking opioids, including percocet and oxycodone, but her doctor said they are less effective. Farrell also said they cause her to be groggy, forgetful and feel like a "zombie."

Opioids are very, very addictive, and I want to get off the opioids because it's ruining my life.- Ellaine Farrell, TTC employee

To continue operating a subway train, she must not take the opioid medications within eight hours of starting her shift, she said she was told by the TTC.

"Opioids are very, very addictive, and I want to get off the opioids because it's ruining my life," said Farrell.

"There's times I'm in such a rage or such agony, I'm just like, 'Don't touch me, leave me alone' and [the TTC doesn't] seem to understand that. It's just the education.**Get educated!"

'Safe public transit system' a priority, TTC says

The TTC said an independent medical expert has advised the transit agency not to allow any employee in a safety-sensitive position, like Farrell, to use any form of cannabis because they could get intoxicated.

Whether it's for medical needs or for recreational, we have an obligation to this city to have a safe public transit system.- Brad Ross, TTC spokesperson

"Whether it's for medical needs or for recreational, we have an obligation to this city to have a safe public transit system," said Brad Ross, the TTC's head of corporate communications.

"This isn't about cannabis. This is about any medication that could potentially impair, and that's not a chance we're prepared to take."

Farrell said she suffered two herniated discs about 12 years ago when she was a TTC fare collector, and then began taking opioids.

However, she said, they barely made a dent in her chronic pain.

In April 2017, she first started seeing Dr. Michael Verbora, who prescribed her CBD oil, a derivative of cannabis, for pain and inflammation. She informed the TTC and at first she was allowed to take it, but was told not to use it close to her shift.

"After three days [on the oil] I could not believe the difference, I was just like, 'Wow, this is a miracle,'" said Farrell.

"I had not felt this good in 15 years... The inflammation in my joints was gone. I could walk better, move better. I slept better. So I went from taking so many medications to just taking one."

TTC's move discriminatory, invasive, doctor says

Farrell's doctor said the CBD oil she was taking would not have made her intoxicated because it has negligible amounts of THC, the psychoactive chemical in cannabis.

"This felt extremely discriminating, and it felt like an invasion of my patient's health and their personal rights," said Verbora, the medical director of Aleafia Medical Cannabis Clinic.

By July 2017, Farrell said, the TTC told her she could no longer take medicinal cannabis, given her safety-sensitive position. They struck a brief compromise: She was allowed to take the medication on weekends and holidays.

By September, the TTC sent Farrell what she calls a "threatening" letter, stating she could no longer take cannabis at all and the employer required a letter from her doctor saying he would not prescribe it to her.

"Interfering with her and giving her an ultimatum that she can go back on opioids so she can drive or face financial consequences seems disingenuous," said Verbora.

"The reality is that I'm not overly convinced that driving a TTC bus on opioids is safe either."

Employers 'not ready' for legal cannabis, lawyer says

Employment and labour lawyer Soma Ray-Ellis said it's "unusual" for a company to take a position on an employee's medication.

"What evidence and information is an employer relying on to say we will allow X and we won't allow Y when the medical information being provided is that the second option is better for the employee and is making that employee less impaired?" she said.

After cannabis becomes legal in Canada next month, issues of workplace accommodations for its use will likely increase, and Ray-Ellis said few companies have developed cannabis policies, instead relying on "blanket" pre-existing drug policies.

"What we're seeing is really the infancy of implementing, monitoring and managing the introduction of cannabis into the workplace," said Ray-Ellis. "Most employers are not ready and are not prepared, and they may be being reactive to that introduction."

'I'm not only fighting for me'

Farrell's union has taken up her case and may take it to binding arbitration.

"The union has observed a pattern of discriminatory treatment by the TTC towards employees who require medical cannabis products," said Frank Grimaldi, president of Local 113 of the Amalgamated Transit Union.

"The TTC should follow the advice of employees' doctors who know best how any given prescription affects a patient."

Farrell, meanwhile, said she will continue to push for change.

"I'm going to fight this, because I'm not only fighting for me," she said.

"There's a heck of a lot more employees in this boat and unfortunately they are too afraid to speak out."

https://www.cbc.ca/news/canada/toronto/medical-marijuana-ttc-subway-driver-opoids-pain-1.4827525
 

Grimnul

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May 15, 2018
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Driving a bus on medical-level doses of probably non-psychoactive cannabis? Dangerous!

Driving a bus on powerful opioids? Perfectly fine!

Brilliant!
 

Keebler Elf

The Original Elf
Aug 31, 2001
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Tough shit. Find a new line of work if you have to use medical marijuana or any other kind of drug.

More and more employers will be taking the same stance. The government has botched this and employers are going to do what employers need to do to try and protect their workforce and the general public. Sorry, but a medical marijuana license (it's not a prescription!) won't cut it.
 

bazokajoe

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Nov 6, 2010
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Tough shit. Find a new line of work if you have to use medical marijuana or any other kind of drug.

More and more employers will be taking the same stance. The government has botched this and employers are going to do what employers need to do to try and protect their workforce and the general public. Sorry, but a medical marijuana license (it's not a prescription!) won't cut it.
Agreed.
We had a presentation at work last year on medical pot,pills,alcohol and anything else that could alter your state of mind, make you sleepy or affect your reflexes. Basically they say we will not put our employees or the public at risk if your are on these medications. They want you to inform them of what your are taking and they will find other work for you that doesn't involve machinery.
Like Keebler said "tough shit".
Don't put my life or some one else's life at risk just so you can get high.
 

basketcase

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Dec 29, 2005
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Driving a bus on medical-level doses of probably non-psychoactive cannabis? Dangerous!

Driving a bus on powerful opioids? Perfectly fine!

Brilliant!
I agree with your sentiment. It's stupid to allow that level of pain killers for a person to be operating a vehicle.

But as far as I'm aware, it is a crime to be operating a motor vehicle while taking cannabis so the TTC allowing it would just open them up for massive lawsuits. IMO her choices are pretty simple, go on disability or accept a modified job description.
 

Grimnul

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May 15, 2018
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It actually is a prescription. I was referred by my doctor to a specialty clinic, and I was given a prescription by the doctor there. When I order my medicinal cannabis, the containers come with my prescription information as well as a card with my prescription info on it.

Also, with medicinal cannabis, you’re generally not “getting high”. You start with a very minute dose and slowly work your way up until you find a dose that gives you symptom relief, preferably without causing any side effects (ie. getting high). My prescription is closely monitored, I’m required to go to the clinic for check-ins every 6 months, and I also get monthly calls where I report on my treatment. I don’t doubt that there are people who aren’t using medical cannabis responsibly, but assuming they’re using it the way they’re supposed to, know the correct dosage for them and how it affects them, it really shouldn’t be a problem.

Also, being ok with your employee being on powerful opioids but not cannabis because of “safety concerns” is completely ridiculous. Opioids would give me far more cause to question an employee’s ability to do their job safely.
 

Occasionally

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May 22, 2011
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Tough shit. Find a new line of work if you have to use medical marijuana or any other kind of drug.

More and more employers will be taking the same stance. The government has botched this and employers are going to do what employers need to do to try and protect their workforce and the general public. Sorry, but a medical marijuana license (it's not a prescription!) won't cut it.
Agreed.
We had a presentation at work last year on medical pot,pills,alcohol and anything else that could alter your state of mind, make you sleepy or affect your reflexes. Basically they say we will not put our employees or the public at risk if your are on these medications. They want you to inform them of what your are taking and they will find other work for you that doesn't involve machinery.
Like Keebler said "tough shit".
Don't put my life or some one else's life at risk just so you can get high.
What do you expect?

Unionized employee trying to test the waters hiding behind a union shield. And knowing full well she'll never get a better (and more scrutinized) job in the private sector.

Just because a doctor prescribed something doesn't mean it's A-Ok to be back at work. If there's a safety concern, an employer can bar you. If I show up to work hazy or have a broken leg in a cast and will likely lead to safety concerns or improper work, I'm not working. I can't force them to let me in.

And besides, whether she's on opiods or medical marijuana, she should know better than to be working a job in a medicated state.
 

Charlemagne

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Jul 19, 2017
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There are different strains. I'm not too well versed on MEDICAL marijuana but I assume it's not as potent as a batch that's for recreational use. I've only smoked recreationally.

This same logic should be applied to other medications as well, marijuana should not be singled out.
 

Grimnul

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May 15, 2018
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Medical strains vary in potency. I have a 22% THC indica I use for insomnia. There are strains that are better for active daytime use. I have a hybrid 6/5% THC/CBD strain I use when my symptoms are bothering me during the day. I get no high or grogginess or anything at all, it only helps my gastrointestinal symptoms and pain. The dosage is also different, you’re not using enough to get high, ideally.

With responsible use, it’s very likely that you wouldn’t be impaired in any meaningful way.
 

icespot

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Jul 7, 2005
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What do you expect?

Unionized employee trying to test the waters hiding behind a union shield. And knowing full well she'll never get a better (and more scrutinized) job in the private sector.

Just because a doctor prescribed something doesn't mean it's A-Ok to be back at work. If there's a safety concern, an employer can bar you. If I show up to work hazy or have a broken leg in a cast and will likely lead to safety concerns or improper work, I'm not working. I can't force them to let me in.

And besides, whether she's on opiods or medical marijuana, she should know better than to be working a job in a medicated state.
Everyone can read, but very few understand.... Any of you ever had a back injury? I hurt my back when I was 21 working at a warehouse. To this day if I stop working out and don't watch my weight, the pain that knocks me to the floor comes back, and that pain is simply caused by sitting for more than 2 hours.

In her case she is not saying that she wants to drive. She needs her employer to accommodate her injury.

from the article "She said the TTC offered her other non-safety-sensitive positions if she wanted to stay on medicinal cannabis, but they would come with a big pay cut."

The law is pretty clear, the employer has to accommodate the employee, unless there is an undue hardship on the employer. A big corporation like the TTC for sure can accommodate the employee.

lastly why you guys always shit on unions? You have any idea what unions have done for every working person in this country? Here are a few:

1) Five day work week, with two days of rest. Before unions the work week was 5 full days with half day on Saturday, and only Christmas day off.

2) The work day was 12 hours long Monday to Friday, WITH half a day on Saturday 6 hours.

3) No paid over time.

4) End of child labour

5) Paid vacation with time off, that's right that vacation you all love, was time off without pay and the time was not guaranteed.

I could go on and on, But will leave you with this this tad bit about Mercedes and BMW, the rich people's cars....

When the financial crisis of 2008 sent U.S. automakers to the precipice of failure, conservatives, notably Mitt Romney, urged the Obama administration to let the car companies go bankrupt. Neoconservatives blamed “high wages” paid to unionized autoworkers for the inability of GM, Ford, and Chrysler to compete. In his book The Crash of 2016, author Thom Hartmann points out a flaw in the argument that high wages to American workers are the problem. He says:




Actually, Germany paid their autoworkers about $67 an hour (including wages and benefits). But the United States paid its average worker only $33 an hour (also including wages and benefits). On top of that, German car manufacturers were highly profitable, despite the comparatively large paychecks of their workers. BMW earned a before-tax profit of 3.8 billion euros, and Mercedes-Benz hauled in profits of 4.6 billion euros.
So how did Germany just completely blow up the myth that car companies have to pay their workers less to be more profitable and manufacture more cars? How can Germany do the opposite: pay their workers more, be more profitable, and make more cars?

The answer: democracy.

First, Germans have completely democratized the auto plant by unionizing nearly every single autoworker in the country—under IG Metall, the German autoworkers union. With such a high union membership rate, autoworkers hold a lot of sway when they threaten to go on strike. That’s how workers have been able to keep wages high and working conditions satisfactory. But as Horst Mund, the head of the International Department of the German autoworkers union, pointed out, unions hardly ever go on strike in Germany “because there is an elaborate system of conflict resolution that regularly is used to come to the sort of compromise that is acceptable to all parties.”
 

wigglee

Well-known member
Oct 13, 2010
9,819
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Tough shit. Find a new line of work if you have to use medical marijuana or any other kind of drug.

More and more employers will be taking the same stance. The government has botched this and employers are going to do what employers need to do to try and protect their workforce and the general public. Sorry, but a medical marijuana license (it's not a prescription!) won't cut it.
Wrong...It is a prescription issued by a doctor to obtain the license. Maybe they should test her while on THC and gauge her ability to perform her job safely. I guess that makes too much sense. Meanwhile there is no laws against being tired or distracted while working ( which could be just as dangerous as being drunk)
 

oldjones

CanBarelyRe Member
Aug 18, 2001
24,495
11
38
Wrong...It is a prescription issued by a doctor to obtain the license. Maybe they should test her while on THC and gauge her ability to perform her job safely. I guess that makes too much sense. Meanwhile there is no laws against being tired or distracted while working ( which could be just as dangerous as being drunk)
The TTC might think differently if the Doctor ewas prepared to sign a letter stating it was their professional opinion that the driver's use of medicinal cannabis was no danger in their occupation as a full-time driver. Based on experience with construction workers, who wanted to use their prescriptions and operate at heights and use machinery, the doctor's likely to refuse.

Tough for the worker, but safer all around.
 

bazokajoe

Well-known member
Nov 6, 2010
9,247
7,189
113
Everyone can read, but very few understand.... Any of you ever had a back injury? I hurt my back when I was 21 working at a warehouse. To this day if I stop working out and don't watch my weight, the pain that knocks me to the floor comes back, and that pain is simply caused by sitting for more than 2 hours.

In her case she is not saying that she wants to drive. She needs her employer to accommodate her injury.

from the article "She said the TTC offered her other non-safety-sensitive positions if she wanted to stay on medicinal cannabis, but they would come with a big pay cut."

The law is pretty clear, the employer has to accommodate the employee, unless there is an undue hardship on the employer. A big corporation like the TTC for sure can accommodate the employee.

lastly why you guys always shit on unions? You have any idea what unions have done for every working person in this country? Here are a few:

1) Five day work week, with two days of rest. Before unions the work week was 5 full days with half day on Saturday, and only Christmas day off.

2) The work day was 12 hours long Monday to Friday, WITH half a day on Saturday 6 hours.

3) No paid over time.

4) End of child labour

5) Paid vacation with time off, that's right that vacation you all love, was time off without pay and the time was not guaranteed.

I could go on and on, But will leave you with this this tad bit about Mercedes and BMW, the rich people's cars....

When the financial crisis of 2008 sent U.S. automakers to the precipice of failure, conservatives, notably Mitt Romney, urged the Obama administration to let the car companies go bankrupt. Neoconservatives blamed “high wages” paid to unionized autoworkers for the inability of GM, Ford, and Chrysler to compete. In his book The Crash of 2016, author Thom Hartmann points out a flaw in the argument that high wages to American workers are the problem. He says:




Actually, Germany paid their autoworkers about $67 an hour (including wages and benefits). But the United States paid its average worker only $33 an hour (also including wages and benefits). On top of that, German car manufacturers were highly profitable, despite the comparatively large paychecks of their workers. BMW earned a before-tax profit of 3.8 billion euros, and Mercedes-Benz hauled in profits of 4.6 billion euros.
So how did Germany just completely blow up the myth that car companies have to pay their workers less to be more profitable and manufacture more cars? How can Germany do the opposite: pay their workers more, be more profitable, and make more cars?

The answer: democracy.

First, Germans have completely democratized the auto plant by unionizing nearly every single autoworker in the country—under IG Metall, the German autoworkers union. With such a high union membership rate, autoworkers hold a lot of sway when they threaten to go on strike. That’s how workers have been able to keep wages high and working conditions satisfactory. But as Horst Mund, the head of the International Department of the German autoworkers union, pointed out, unions hardly ever go on strike in Germany “because there is an elaborate system of conflict resolution that regularly is used to come to the sort of compromise that is acceptable to all parties.”
I am in the steelworkers union. I will shit on them when justified and praise them when justified.
 

knob&tube

Member
Apr 9, 2004
179
0
16
As is noted in the article quoted in the original post, the person was prescribed CBD oil, which does not contain the psychoactive ingredient THC. This is not to say that CBD might not have some impact on a person's alertness or ability to perform a demanding task - that I do not know. The phrase "medical marijuana" is almost useless. CBD appears to have valid medical uses, while THC-containing pot derivatives may be useful in other conditions. They need to be clearly distinguished rather than lumping them together in terms of their efficacy and impact on the user. That being said, I have no personal experience with either, just my understanding from discussions with doctors who are closer to it than me.
 

Grimnul

Well-known member
May 15, 2018
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CBD does not make you drowsy. If anything, it should make you more alert at high doses. There is usually some amount of THC in CBD oil, there are different concentrations. I have an oil with 20% CBD and 1% THC, just enough THC to get medicinal effects, but not enough to cause any sort of impairment. I’ve also previously used an oil with 15% CBD and 15% THC, which I used for sleep. That one could cause some level of impairment, potentially, depending on the dosage and the user’s tolerance. Generally, I would say CBD oil should be very safe for operating a vehicle or other such activities.
 
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