Ottawa firefighters win privacy battle

[PMedMoe]

Won't have to submit to background checks every 3 years
By JON WILLING, Sun Media

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A court ruling in favour of Ottawa firefighters could determine how criminal background checks are applied to other city workers.

An arbitrator previously decided the policy, which required firefighters to submit background checks every three years, infringed on their privacy rights.

Last month, an Ottawa divisional court dismissed an application from the city to quash the arbitrator’s ruling. In the decision, a justice, writing on behalf of the three-judge divisional court panel, went on to question whether firefighters’ privacy rights can ever be trumped, regardless of any obligations in a collective agreement.

The Ottawa Professional Firefighters Association had agreed the city could require background checks before it hires new firefighters or if there are reasonable grounds. But the union argued that requiring regular checks after hiring was an “intrusive” demand.

The Ottawa firefighters association considers July’s court decision a significant victory, and the International Association of Firefighters believes the ruling creates case law that will help other associations across Canada.

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Having a back ground check every three years seems excessive to me, too.  They should do that for all elected officials.  Imagine the uproar then!  :

 

[gcclarke]

Having a back ground check every three years seems excessive to me, too.  They should do that for all elected officials.  Imagine the uproar then!  :

Considering the renewal period for a top secret clearance is 5 years, yes I'd say every three years is a bit excessive. I'd actually say that the prime functionality that the city wants to get out of background checks could instead be handled by randomized drug testing.

 

[Michael OLeary]

It would be interesting to know what events(s) led to the original decision for a three year term.  That might add some context.

 

[mariomike]

"In 2007, the arbitrator heard there were roughly 8,500 positions with the City of Ottawa that required similar background checks. Other employee groups are watching to see how the court ruling will affect the rest of City Hall."

Paramedics would never be exempted, and I doubt Police Officers would either.
Paramedics driver's abstracts are checked every three months. There is a mandatory medical examination every three years, and no more than six demerit points are allowed.
Also, Paramedics "convicted of any crime involving moral turpitude" at any time in their career have to be let go. It's the law because they hold a position of public trust, and do not work under direct supervision.
So in addition to driver's license checks, medicals, communicable disease and immunization checks, the regular police record checks would also have to continue.
Ref: ONTARIO REGULATION 257/00

I see that "randomized drug testing" was mentioned in a post here. I would be in favour of that for workers who's jobs involve public safety. As far as I know, only the TTC does it, but in a very limited way. A TTC worker was killed on the job not too long ago with traces of marijuana in his system.

 

[Sheerin]

Mario,

Is that medical evaluation for the F-class or in addition to it?  So far no one has mentioned that in three years i'll have to get another one done, but that could have more to do with the fact that i've only been 'working' for a few weeks. 
Now if only the ministry can get my OASIS card printed so I can finally hit the road. 


If it is the F-class, then i'm a little confused as my driver's abstract states that I don't have to do a medical till 2012, which would be 5 years after I got the license.  And as an aside I just noticed that my medical due date is about 15 months after my current license expires.  Stupid MTO lol

 

[mariomike]

Hi Sheerin:

Congratulations!
Re: Your Class F. I had do my medical every three years, because I'm an oldtimer.
A young guy like you is only every five years.
# Drivers under the age of 46 are required to submit a medical report every five years
# Drivers aged 46 - 64 are required to submit a medical report every three years
# Drivers aged 65 and over are required to submit a medical report annually
Whose hearing in one ear is better than in the other must be able to perceive in the better ear, with or without a hearing aid, a forced whisper at a distance of 1.5 meters or, if an audiometer is used to test the person's hearing, must not have a loss in the better ear of more than 40 decibels at 500, 1000 and 2000 hertz.
    * A visual acuity, as measured by Snellen Rating, that is not poorer than 20/30, with both eyes open and examined together and not poorer than 20/100 in the weaker eye, with or without the aid of corrective lenses; and
    * A horizontal visual field of at least 150 continuous degrees along the horizontal meridian and at least 20 continuous degrees above and below fixation, with both eyes open and examined together

    * Has no history or clinical diagnosis of diabetes that requires insulin for control;
    * Is not taking any drug that, could, in the dosage prescribed or in the dosage recommended by the manufacturer, impair his or her ability to drive a motor vehicle of the applicable class safely;
    * Has no established medical history of myocardial infarction, angina pectoris, coronary insufficiency or thrombosis;
    * Has no established medical history of heart disease including arrhythmia or of respiratory dysfunction likely to interfere with the safe driving of a motor vehicle of the applicable class;
    * Is not suffering from an aortic aneurysm, whether resected or not
    * Is not suffering from hypertension accompanied by postural hypotension resulting in giddiness when under treatment;
    * Has no established medical history of loss of consciousness or awareness due to a chronic or recurring condition;
    * Has no established medical history of a disorder of the musculoskeletal or nervous system that may interfere with the safe driving of a motor vehicle of the applicable class;
    * Has no established medical history of an intractable psychotic or psychoneurotic disorder, having particular regard for sustained hostile, aggressive, paranoid, suicidal or other destructive tendencies or depression unless it is medically determined that the condition from which the person has suffered is corrected or controlled