Think a positive test guarantees discipline? This arbitration ruling says otherwise
A workplace vehicle accident. A positive urine test. A 30-day unpaid suspension, mandatory drug assessments, and random testing — all thrown out.
In a February 12, 2026, award, Arbitrator Graham J. Clarke ruled that Toronto Terminals Railway Company (TTR) had no just cause to discipline a signal maintainer who tested positive for THC metabolites after a workplace incident, because TTR failed to prove he was actually impaired on the job. For HR professionals relying on blanket cannabis prohibition policies, the message is clear: a positive urine test alone is not enough.
On September 13, 2023, signal maintainer DiMaria had a workplace vehicle accident. He exited his vehicle without putting it in park; getting back in, he accidentally hit the accelerator instead of the brake, causing a collision that damaged the company vehicle and public property. TTR conducted post-incident testing immediately.
The breathalyzer and oral fluid swab came back negative. The urine test returned THC metabolites at 33 ng/ml. TTR cited violations of its internal Policy 1.4, specifically its provisions on Drugs, Illicit, Illegal and Legal Drugs and Mood-Altering Substances, Recreational Cannabis, its 28-Day Cannabis Ban, and the employee obligation to "report for duty in a condition that enables them to perform their duties safely and effectively."
On September 27,...
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