Recommended penalty for firefighter who tested positive forcocaine: termination in a random drug testOATH Index #1350/12
A firefighter who tested positive for cocaine in a randomworkplace drug test failed to demonstrate that he consumed the cocaineunknowingly.
OATH Administrative Law Judge Tynia D. Richard did not findthe firefighter’s explanation – a supposition that three strange women hadsurreptitiously drugged him while they drank together on a ski vacation in LakePlacid – to be credible.
The firefighter’s testimony concerning injuries that hesuffered before and after the positive drug test in an effort to mitigate theproposed penalty failed to persuade the Administrative Law Judge. In the wordsof Judge Richard: [The Department] seeks [the firefighter’s] termination,citing the Department’s zero-tolerance policy. [The firefighter] seeks tomitigate on the basis of injuries he sustained while working as a firefighter,including some that occurred after his positive drug test while working for theDepartment on light duty. I did not find such mitigation.”
ALJ Richard recommended termination of his employment.
Thedecision is posted on the Internet at:
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