Positive drug test doesn’t prove impairment: Arbitrator

Worker admitted to smoking marijuana on weekend but it was still in his system two days later at work
By Jeffrey R. Smith
|Canadian Employment Law Today

A British Columbia railway worker has been given his job back after an arbitrator ruled he shouldn’t have been fired for failing a post-incident drug test.

Michael Johnson worked as a track maintainer for the Canadian National Railway Company (CNR) in Weslang, B.C. On Nov. 5, 2007, Johnson was overseeing the safety of track work when he saw a boom crane interfering with the track. While talking to the crane operator, the foreman of the contracted construction company came over and got into an argument with Johnson. During the argument, the foreman claimed, Johnson approached him with his telephone and pushed it into his face.

Company required post-incident drug test