| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
breaches of company policy |
|
|
Summary:
Following a derailment, pursuant to his employer's policy, the claimant was required to submit to a drug test. He contested the employer's right to require such a test but nevertheless submitted to the test. He tested positive for cocaine use. The employer has a zero tolerance policy in regard to drug use. This policy provides that testing positive for drugs while working in subject to dismissal. As a result of his positive drug test, the claimant was dismissed. In his appeal to the Board of Referees, the claimant explained that he had used cocaine three days prior to the derailment while on leave. He argued that there was no evidence that he had been impaired or under the influence of drugs at the time he reported for work and the derailment occurred. He acknowledged that he was aware of the employer's drug policy but had no idea the drugs he has used three days earlier would still be present in his system. The appeal by the commission is allowed.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
substance abuse |
|
|
Summary:
Following a derailment, pursuant to his employer's policy, the claimant was required to submit to a drug test. He contested the employer's right to require such a test but nevertheless submitted to the test. He tested positive for cocaine use. The employer has a zero tolerance policy in regard to drug use. This policy provides that testing positive for drugs while working in subject to dismissal. As a result of his positive drug test, the claimant was dismissed. In his appeal to the Board of Referees, the claimant explained that he had used cocaine three days prior to the derailment while on leave. He argued that there was no evidence that he had been impaired or under the influence of drugs at the time he reported for work and the derailment occurred. He acknowledged that he was aware of the employer's drug policy but had no idea the drugs he has used three days earlier would still be present in his system. The appeal by the commission is allowed.
