Database Search Result Details
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First Name
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Nicole J.
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Last Name
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Richardson
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Decision Date
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4/2/2024
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Docket Number
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2024-0135-DOT
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ALJ
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RLR
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Respondent
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Department of Transportation/Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker 2
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent's substance abuse policy mandated Grievant's unpaid suspension when she failed to produce a urine sample for her random drug screen.
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Outcome
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Denied
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Statutes
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156 C.S.R. 1 § 3 (2018)
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Related Cases
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Ramey v. W. Va. Dep't of Health, Docket No. H88-005 (Dec. 6, 1988); Riggs v. Dep’t of Transp., Docket No. 2009-0005-DOT
(Aug. 4, 2009) citing Jackson v. State Farm Mut. Ins. Co., 215 W. Va. 634, 640, 600
S.E.2d 346, 352 (2004); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket
No. 92-HHR-486 (May 17, 1993); Holly v. Logan County Bd. of Educ.,
Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ.,
Docket No. 33-88-130 (Aug. 19, 1988)
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Keywords
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Suspension without pay
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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 the Division of Highways as a Transportation Worker 2,
Equipment Operator. Grievant is required to submit to random drug/alcohol screening. In August of 2023, during a random screening, Grievant was provided with three hours and several cups of liquids to provide an adequate sample. Grievant was unable to provide an adequate urine sample. Grievant was provided with a shy bladder evaluation report for a licensed physician to identify any medical reason for Grievant’s inability to provide an adequate urine sample. No medical reason was provided on the record as to why Grievant was unable to provide an adequate urine sample. Upon receiving confirmation of a verified refusal, Grievant was subject to a five-day suspension without pay. Respondent proved by a preponderance of the evidence that the suspension of
Grievant, while unfortunate given the totality of the circumstances, was mandated under the West Virginia Department of Transportation’s Substance Abuse Policy. Accordingly, this grievance is denied.
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