Database Search Result Details
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First Name
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Sharion
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Last Name
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Spears
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Decision Date
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10/25/2019
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Docket Number
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2019-0649-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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TW2EQOP
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Topics
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Suspension
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Primary Issues
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Whether Respondent had good cause to suspend Grievant.
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Outcome
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Denied
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Statutes
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49 C.F.R. §§ 40.97(b), 40.3; 49 C.F.R. §§ 40.123, 40.129, 40.163; 49 C.F.R. §§ 40.97(b), 40.323(c)
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Related Cases
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Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Burdette v. Div. of Highways, Docket No. 2010-0003-DOT (Mar. 8, 2010)
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Keywords
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Suspension; Drug and Alcohol Policy; Positive Drug Screen
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as a Transportation Worker 2 Equipment Operator, which requires her to hold a commercial driver’s license. Grievant protests her suspension from employment. Federal regulations require Respondent to have a drug and alcohol testing program in place for employees holding a commercial driver’s license. Grievant was selected for random drug screening under Respondent’s policy and tested positive due to her use of CBD oil for her various medical conditions. Grievant’s use of CBD oil was approved by her medical provider. Use of CBD oil is not a valid medical reason per the federal regulations. Although Respondent failed to present the laboratory results, its presentation of the reviewing physician’s report and the testimony of the reviewing physician at the level three hearing was sufficient to meet the burden of proof. Accordingly, the grievance is denied.
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