TransLink SkyTrain. (Black Press Media)

TransLink SkyTrain. (Black Press Media)

TransLink ordered to temporarily stop randomly drug testing SkyTrain attendant

Employee was made to undergo randomized urine screening tests for one year after he came up positive for cannabis

TransLink has been ordered to stop random cannabis testing of a SkyTrain worker who tested positive for the drug during a routine test.

The interim decision from a labour arbitrator came at the end of September, after the union filed a grievance on behalf of David Solomon.

Solomon, who has worked as a SkyTrain attendant since 2003, was made to undergo randomized, twice-monthly urine screening tests for one year after he came up positive for cannabis in a Sept. 2018 test, despite no evidence of cannabis use disorder or addiction found in an independent medical examination.

TransLink’s policies state there must be no drug or alcohol use while on shift, and that employees must be fit to work, but does not forbid pot use off the job. Recreational cannabis has been legal in Canada since Oct. 17, 2018.

Despite no evidence of addiction, TransLink’s chief medical officer, which it appointed under railway safety legislation, found that there was an “increased risk of presence of a marijuana use disorder” due to multiple factors.

Solomon, represented by Unifor Local 700, filed a grievance.

In his interim decision, arbitrator Arne Peltz said the issue raises the question of balancing public safety and employee rights.

As a SkyTrain attendant, Solomon’s main duties are customer service, fare inspection, limited mechanical or electrical fault correction and emergency responses. He may have to drive a SkyTrain in an emergency and is considered a “safety critical position” under federal railway safety legislation.

The drug screening he failed was required by federal legislation for all “safety critical” employees over the age of 40. He told the testers he did not use cannabis, but in followup tests conducted by Dr. Maire Durnin-Goodman, the director of Precision Medical Monitoring, in October, he admitted he uses three to four times a week.

Solomon told the tester there was “zero chance” of his cannabis usage affecting his work because he does not smoke before or after a shift. He said the positive test result was due to secondhand smoke exposure at a SkyTrain station, and that he had stopped smoking a week before the routine test.

“He felt that it was not the employer’s concern if he used marijuana outside of working hours,” Peltz wrote in a 52-page decision.

Durnin-Goodman said Solomon’s test results were consistent with regular pot use and not with having breathed in secondhand smoke. He did not meet the criteria for marijuana dependence or marijuana use disorder, she found, but his lies and defensiveness meant he should be monitored for a year with randomized urine tests. The chief medical officer upheld this decision.

As a result, Solomon had to check in daily to see if he would be tested and was put on administrative leave until January 2019. He has not tested positive since Jan. 1, 2019, at which time he resumed his SkyTrain duties.

In its arguments, the union said Solomon’s denial of cannabis use after the initial test was not important, as the drug is legal and TransLink policy did not forbid its use outside of work.

It said he avoids cannabis for eight to 10 hours before his shift starts, and cited research and guidelines that say six hours between pot use and work is safe.

In his decision, Peltz said he was granting the interim order banning random tests, as requested by the union, because it is “reasonably safe to uphold the grievors’ privacy and dignity rights at this point in time.”

The decision will need to go to final arbitration. A date has not yet been set.

ALOS READ: Metro Vancouver transit strike prompts cancellations as premier won’t intervene


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

(Maps.Chilliwack.com)
RCMP seek dash-cam footage after Chilliwack road rage incident

Male driving a black pickup stopped and allegedly threatened to punch another driver

Alexis Paige Simpson has not been in contact with her family in two months. (RCMP photo)
Chilliwack RCMP looking for missing 20-year-old woman

Police say Alexis Paige Simpson has not been in contact with her family in two months

Deepak Sharma of Abbotsford has been convicted of the sexual assault of one of his cab passengers in West Vancouver in January 2019.
Former Abbotsford Hindu temple president convicted of sexual assault

Deepak Sharma assaulted a female passenger when he was a cab driver

A blood drive in support of 1-year-old Rielynn Gormley of Agassiz is scheduled for Monday, June 28 at Tzeachten First Nation Community Hall in Chilliwack. Rielynn lives with type 3 von Willebrand disease, which makes it difficult for her to stop bleeding. (Screenshot/Canadian Blood Services)
Upcoming blood drive in honour of Agassiz toddler with rare blood condition

The Gormley family has organized a blood drive in Chilliwack on June 28

Woody’s RV World hosts a grand opening for its brand-new Abbotsford location on Saturday. (YouTube)
Woody’s RV World hosts Abbotsford grand opening on Saturday

First-ever B.C. location for successful RV chain, located on Marshall Road

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

One Reconciliation Pole and two Welcome Figures were unveiled during a ceremony in honour of truth and reconciliation on National Peoples Indigenous Day at the Vancouver School District in Vancouver, B.C., on Friday, June 21, 2019. THE CANADIAN PRESS/Chad Hipolito
Horgan marks Indigenous Peoples Day by urging recognition of systemic racism

National Indigenous Peoples Day has been marked in Canada since 1996

A man makes his way past signage to a mass COVID-19 vaccination centre at the University of Toronto’s Mississauga campus during the COVID-19 pandemic in Mississauga, Ont., on Monday, May 17, 2021. THE CANADIAN PRESS/Nathan Denette
Canadians encouraged to see mRNA shots as interchangeable as more 2nd doses open up

Doctors urge people not to hesitate if offered Moderna after getting Pfizer for their first shot

Chief of Defence Staff Jonathan Vance sits in the front row during a news conference in Ottawa on June 26, 2020. THE CANADIAN PRESS/Adrian Wyld
Defence committee rises without report on Vance allegations

Committee had been investigating the government’s handling of complaints against former defence chief

The Coquihalla Lakes washroom is getting upgrades. (Submitted)
Coquihalla to get upgrades to aging washrooms

The Ministry of Transportation is providing $1 million in funding to upgrade 3 rest areas

Most Read