A federal arbitrator has reinstated a railway worker fired for failing a drug test because the employer was unable to establish any impairment while at work.
The worker was a machine operator for Canadian Pacific Kansas City Railway (CPR), starting in April 2016. He had a clean disciplinary record and his position was a safety-sensitive one, as impairment could cause a significant incident affecting the health and safety of employees, the public, property, and the environment.
On June 2, 2020, the worker was charged with domestic assault after an altercation at home. The next day, police contacted CPR regarding concerns that the worker had used methamphetamine and had been under the drug’s effects while at work.
