- 飞机师在法庭上表示他从未服用过含有吗啡的药物。 他表示在做检测的13天前曾因感冒在诊所接受治疗，他怀疑是医生所开的药物含有吗啡的成分。
- 然而有关医生在法庭作证时表示，他所开出的药物并不含任何的吗啡成分。 但是该员工坚称某些用于咳嗽和感冒的药物或许含有可待因，导致他体内有吗啡的成分
Pilot Fails Random Drug Test-Blames Medication
- A pilot on probation fell ill with flu and was treated by the company clinic in Miri. Thirteen days later he was scheduled to fly when he voluntarily underwent a random urine screening test that was conducted by Malaysian Airlines Medical Centre Subang (MMC) staff in Miri during a Drug Free Workplace Programme (“DFWP”) screening.
- This was part of the company’s health and safety policies that sought to proactively control and manage the risk of substance abuse.The company had in place a policy which pointed out in its objectives that “…behaviors related to substance abuse can endanger employees, customers, and the community – not just the substance users.
- The Drug Free Workplace Programme seeks to proactively control and manage these risks.
- Six days after the test, the pilot received a letter informing him that his urine sample was tested positive for morphine. He was ordered to show cause and suspended from work. The employer did not accept his explanation and he was dismissed.
- In the Industrial Court, the employer explained the procedures used in their random urine sampling tests. The tests were conducted on all employees, not just those suspected of being substance abusers. In the case of the pilot, as per the normal procedure, the sample which had been found positive for morphine had been sent to the Doping Control Centre of Universiti Sains Malaysia for a second test. The second test also came back positive for morphine and codeine.
- According to his testimony in Court, the pilot was shocked that his urine sample had tested positive for morphine because he had never taken drugs. However, he realised that he had suffered a bad attack of flu and cough, and had sought treatment at a clinic in Miri.
- The doctor had provided him with a letter confirming that he had prescribed Duracef, DEQ, Clarinese, Hustazone and Paracetamol. The doctor also informed the claimant that none of the medications could contain morphine. However, the claimant was advised by a friend that certain drugs for cough and flu contained codeine and that codeine in the body could convert to morphine.
- The medical officer responsible for the sampling gave evidence in Court that there was no question concerning whether the sample which was found to be positive for morphine was the same sample given by the pilot.
- Furthermore, the Company’s medical staff and the doctor who had treated the pilot in Miri agreed that the medicines which had been prescribed could not have caused the positive results for codeine or morphine.
- The Industrial Court said, “The Industrial Court has in numerous decisions before it held that drug abuse in the workplace is a serious misconduct which justified the dismissal of the employee.” The pilot’s dismissal was upheld.
- Employee Misconduct, CLJ Publication
- Engku Hafizuddin Engku Husain v. Maswings Sdn Bhd  4 ILR 379
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