school bus drivers’ positive drug test results, standing alone, do not as a matter of law constitute disqualifying misconduct
How later courts described this case
- school bus drivers’ positive drug test results, standing alone, do not as a matter of law constitute disqualifying misconduct
- proof of impairment is required in addition to positive test results for disqualifying misconduct to be found
Written by the judges who cited it.
The opinion
HANSEN, Presiding Judge,
specially concurring:
The majority opinion is clearly correct. I would, however, make it clear that an employer may reasonably require drug testing of its employees in safety-sensitive positions, and may thereafter terminate an employee who, occupying a safety-sensitive position, tests positive for drug use. However, I would also emphasize that a positive drug test, standing alone without additional evidence, is insufficient to establish *640 “misconduct” so as to disqualify a claimant from unemployment benefits.
I therefore specially concur.