Inadequate sample treated as drug test refusal

Greyhound bus driver fired for refusing to follow process set out by alcohol and drug policy
By Jeffrey R. Smith
|Canadian Employment Law Today

Firing a bus driver with 17 years of service for refusing to comply with an alcohol and drug policy was too harsh, the Canada Arbitration Board has ruled.

Hugh Nicholls was a bus driver for the Edmonton branch of Greyhound Canada. He was a spareboard operator, a driver who would be called in on a shift-by-shift basis rather than regular scheduled shifts.

Because Greyhound operated routes to the United States, it was required to meet U.S. legislation in order to keep its operating license in that country. This included having an alcohol and drug program which featured random testing of employees in safety sensitive positions. If Greyhound didn’t meet this requirement, its license to operate cross-border runs would be jeopardized.