TRAIN POLICY MAY CHANGE AFTER DRUGS TEST CASE

THE alcohol and drugs policy governing train drivers and other staff might
have to be rewritten after a test case in-dustrial 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
hol-iday.

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 con-fession 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 repre-sented 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
in-fringement.

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, com-pletely 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 Robert-son might have made the re-mark in fear that he might test
positive for cannabis, even weeks later.

ScotRail's driver team man-ager in Inverness, Robert Young, 42, said that
the Waverley Sta-tion bump on August 16 last year, was caused by Mr
Robert-son 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 re-turned 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 find-ings later.