LIRR must still put safety first

Safety first. The state's legalization of recreational marijuana use, and the broad relevant state and federal laws governing employers and workers, shouldn't change that, especially for public transportation and the Long Island Rail Road.

The safety of passengers and railroad employees is imperative, so it's understandable that the LIRR would want to strictly enforce its rules regarding "performance-impairing drugs." But with a quickly changing legal landscape where pot use has become ubiquitous, the railroad must ensure its zero-tolerance policies are updated and that testing procedures conform to state law and Federal Railway Administration guidelines defining safety-sensitive work.

The spotlight on the issue comes from the International Brotherhood of Electrical Workers union, which says two LIRR electricians were unjustly pushed out of their jobs due to positive marijuana tests taken in December 2021. Both deny using marijuana. They say they tested positive because of marijuana metabolites related to other prescription medication. Neither worker apparently fell into the FRA's "safety-sensitive" category, which electrical union officials say encompasses about 85% of its LIRR workers. The FRA prohibits marijuana use for such employees and allows for random drug tests.

Complicating matters, the LIRR says that as of March 2022 the workers' jobs were added to FRA rules. Separately from federal standards, the LIRR said its policies designated the workers as "safety-sensitive" and that this squares with other railroads' procedures. According to the union, the LIRR tested any employee it considers "safety-sensitive" who did not fall under the FRA designation — usually after a lengthy absence from work. A positive test results in either an automatic six-month suspension or an internal disciplinary trial.

This issue is broader than the LIRR's policies. Many employers are grappling with workplace-related challenges that stem from the changes in New York law. State law bars employers from discriminating against or disciplining workers who use pot outside of work hours off-premises, but supervisors have to balance that with appropriately handling employees who come to work impaired.

These issues are critical for the LIRR, which must consider the safety of both workers and riders. Beyond refining its policies, the LIRR should update its testing where possible so it won't as easily flag marijuana metabolites or generate false positives. More training for management can help identify impaired employees. And LIRR officials could look toward other public transit agencies, and its sister commuter rail — Metro-North Railroad — for alternative models. According to union officials, Metro-North adds an evaluation of the case after a positive test, before any suspension.

Taking care with policies and penalties is important; severe repercussions are unfair if workers hadn't ingested or smoked marijuana or weren't working while high. Nonetheless, the LIRR is right to err on the side of safety — and to enforce stringent, legal policies to make sure employees aren't impaired while doing dangerous work, or endangering others.