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Cannabis Campaigners' Guide News Database result:
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UK: Train policy may change after drugs test case
Press & Journal, Aberdeen
Monday 06 May 2002 THE alcohol and drugs policy governing train drivers and other staff might have to be rewritten after a test case industrial tribunal. A passenger train driver was sacked after a minor crash into buffers even though drug tests later came back negative. But during an interview with his bosses about the bump, Alan Robertson said he had smoked cannabis more than eight weeks earlier while on a foreign holiday. The tribunal in Inverness last week heard that the case was the first of its kind in the UK where a driver testing negative bad been sacked because of a confession about what he did on his own time. Mr Robertson 39, claimed unfair dismissal and is fighting to get his job back even though he admitted the public might be alarmed that a train driver who admitted using an illegal drug was reinstated. Mr Robertson, of Mayfield Road, Inverness, told a tribunal it was the first and only time he had used the drug, and he was not impaired when he returned from holiday. He based his defence on the fact that the ScotRail alcohol and drugs policy booklet did not spell out the penalty for taking illegal drugs when not on duty, and that he did not realise his confession could lead to him being sacked. During the two-day hearing, the Wording and layout of ScotRail's alcohol and drugs policy came under close scrutiny and was challenged by solicitor David Stevenson who represented Mr Robertson on behalf of his union Aslef. He argued that although the policy booklet stated on the back page that employees "must not use illegal drugs" there was no penalty given for this infringement. Inside the booklet it clearly stated that if drivers reported, or tried to report for work while unfit through drink or drugs, or took drink or drugs while on duty, they would be sacked. During the hearing tribunal chairman Nicol Hosie expressed amazement that Mr Robertson would have confessed to using drugs while on holiday if he thought it would lead to his sacking. ScotRail North area manager Doug Blue gave evidence that during Mr Robertson's sacking appeal there was no suggestion that he did not realise his cannabis smoking confession would lead to his dismissal. Mr Hosie said: "But it would be a daft thing to say, completely mad. It really beggars belief that he knew he could be sacked and would say that. "It seems amazing that he would say anything about drugs." Mr Blue replied: "I couldn't agree more." But questioned by ScotRail lawyer Alan Strain, the senior manager agreed that Mr Robertson might have made the remark in fear that he might test positive for cannabis, even weeks later. ScotRail's driver team manager in Inverness, Robert Young, 42, said that the Waverley Station bump on August 16 last year, was caused by Mr Robertson being confused over whether it was a Type 158 or Type 170 unit he was driving. He interviewed the driver the following day and asked him if there were going to be any "surprises" with the drugs test. He said: "I asked Alan if he had taken a joint at a party now was the time to tell me. "Alan said, 'No, it is at least eight weeks since my last smoke'. "It was a great surprise to me. It took my breath away. He was not the sort of person I thought would be taking drugs and there was no suspicion that he was." Management witnesses told the tribunal that it was generally accepted that cannabis remained in the body for up to six weeks, and they were concerned that when Mr Robertson returned from his holiday and began driving trains he would "still be under the influence". Perth ScotRail manager James Kerr, 52, who sacked Mr Robertson, agreed the policy statement "you must not use illegal drugs" didn't actually say that you would be dismissed if you breached it, but that's what it meant. The tribunal will give its findings later.
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