Written for train drivers, by train drivers
August 2014 ☆ D&A Special ☆ www.rmtlondoncalling.org.uk/trains
Driver Sacked Following Flawed Alcohol Test
fact that Alex is type
two diabetic, an illness
that affects an incre•
asing amount of LU
•
staff. There is scientific
medical research that
has shown diabetics
Alex Mcguigan has been
have blown high false
dismissed for failing a
positive readings on a
breathalyser test. The
breathalyser when no
RMT believe that this
alcohol
has
been
dismissal is a travesty of
consumed. It is our
justice.
position that as a urine
sample was not also
At first glance many may
tested
for
alcohol
feel that a failure to
there is not sufficient
Alex McGuigan on an RMT picket line
adhere to LUL's drugs and
evidence to say that
alcohol policy would rightly lead to Alex broke LUL's policy.
dismissal, however we have clear evidence
that shows there is no proof to support the LUL's procedure for testing diabetic staff is
allegation that Alex broke the policy. We flawed. Type two diabetes is an illness that
outlined
three
major
could affect anyone of us
medical points in his “LUL are taking the pee, so at some point in our lives,
defence, all of which
why won't they test it?”
which means hundreds of
LUOH conceded being
members of staff are at
possible proof of a false positive being risk of the same appalling treatment.
shown on the breathalyser.
•
Alex McGuigan
dismissal unfair
Testing flawed
RMT demands
justice now
If a staff member with 29 years exemplary
The main medical factor that will affect service is sacked in this way, then any one
many staff members within LU and shows a of us could face the same injustice.
clear flaw in the testing procedures is the
☆ Defend Alex McGuigan
☆ The D&A procedure
☆ Procedure ignored on Jubilee
☆ www.rmtlondoncalling.org.uk/danda
The D&A procedure
The D&A procedure is complicated with
different rules for different situations. These
are just a general guide. Remember you can
contact your rep for advice whilst you wait for
the test to be carried out. You can also read
the full procedure at:
www.rmtlondoncalling.org.uk/danda
caused or had the potential to cause death
or major injury or substantial damage to
property. Testing, however, is not mandatory
but remains at the discretion of the manager at
the scene.
Meal and toilet breaks
In the case of unannounced testing, the tests
can be deferred for half an hour after the meal
break is over. If the individual wishes to use the
For cause testing
toilet, they should be supervised as closely as
'For cause' testing is carried out when a
possible in the circumstances. They should be
manager has a reasonable cause to believe that discouraged from taking any bag or other
an employee is under the influence of alcohol
object into the toilet with them.
or drugs, or is unfit/impaired for duty because
of alcohol or drugs use or misuse. The manager Going over your 'booking off' time
will require the employee to undergo testing
If you have gone over your booking off time
for the presence of drugs and alcohol.
while waiting to be tested, you are entitled to
There are guidelines for managers to follow to
assist them in deciding whether a 'for cause'
test is needed. It must not be discriminatory,
used to victimize a driver, or in 'revenge' for a
driver's actions. If a third party has accused a
driver of breaching the policy, the policy states
that “It may well be useful to ask the
employee, before the test is taken, whether or
not they want to refer themselves to DAATS
for assistance.”
Unannounced testing
The unannounced testing programme is
intended to monitor compliance with the
company's D&A Standards and provide data on
the extent of alcohol and/or drug use amongst
the workforce. Unannounced testing is not
'random', but a planned programme of urine
and breath tests to defined standards on a
selected sample of employees, who will not be
informed in advance.
Post incident testing
All employees may be subject to alcohol
and drugs testing following any incident which
go home. LU will make arrangements for you to
be tested on your next working day.
Procedures ignored on the Jubilee Line
Two drivers on the Jubilee Line – both RMT
activists - faced anonymous malicious
accusations of being in breach of the alcohol
policy. Both were tested and cleared. In
both cases we believe management broke
procedures when testing these activists, and
in both cases we are concerned that RMT
activists are being victimised.
Local reps on the line are demanding an
official meeting to discuss these cases and
for weeks this legitimate request was
ignored. In line with the 'machinery of
negotiations' the meeting should have been
convened within 14 days. This is an
opportunity for union reps to ensure
procedure is applied correctly, and an
opportunity for management to guarantee
to us that they aren't victimising Jubilee line
activists. Management have refused the
opportunity to do so for weeks. Why?