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November 03, 2011

Administrative Law Judge recommended dismissal of employee testing positive for marijuana


Administrative Law Judge recommended dismissal of employee testing positive for marijuana
NYC Fire Department v Rolling, OATH Index #1645/11

OATH Administrative Law Judge Alessandra F. Zorgniotti recommended termination of employment for an Emergency Medical Technician [EMT] who tested positive for marijuana in a random workplace drug test.

Although the EMT claimed that the positive test resulted from his consumption of vitamins that contain hemp-seed oil, there was no proof that he had consumed any substance that could trigger a false positive result.

Noting that “[i]nnocent ingestion is an affirmative defense that [the accused] must prove by preponderance of the evidence,” Judge Zorgniotti said that the EMT “could not identify anything he consumed that contained hemp-seed oil” at any time during the 24-hour period proceeding his being tested.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/11_Cases/11-1615.pdf

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