Not reporting for drug test without submitting documentation showing employee was unable to report constitutes a refusal to submit to drug testing

Not reporting for drug test without submitting documentation showing employee was unable to report constitutes a refusal to submit to drug testing
OATH Index No. 1977/08

OATH Administrative Law Judge Faye Lewis sustained a charge that a sanitation worker had refused to comply with an order to report to the clinic for random drug testing.

The employee submitted a doctor's note requesting excusal from work for seven days due to back pain. The doctor's note, however, did not indicate, that the employee was unable to travel to the clinic for his drug test.

ALJ Lewis credited Department's argument that since the worker was able to visit his own doctor's office, he should have been able to travel to the clinic the next day.

The penalty recommended by the ALJ under the facts of this case: Termination.