WCNYH

Maintenance Man's Registration Revoked for Refusal to Take Commission-Ordered Drug Test

December 17, 2013

           Today, the Commission unanimously ordered the revocation of the registration of chassis mechanic Andre Tomaz as a maintenance man after he refused to take a Commission-ordered hair test for drug use. Tomaz had been advised that failure to appear for the test would be considered a positive result and could result in the revocation of his registration.

           In 2012, the Commission had suspended Tomaz's registration as a maintenance man for 14 days because, while registered as a maintenance man, he worked for a waterfront employer after using marijuana and cocaine. The Commission also found that he had operated a motor vehicle while under the influence of alcohol. The Commission ordered that, after completion of his suspension, Tomaz would be subject to a year of random drug and alcohol tests at his own expense. Tomaz violated that order by refusing to submit to a hair test for drug use.

           After a hearing on the charges, an Administrative Law Judge found that Tomaz failed to provide material evidence as required by the Commission (the hair test for drug use). The Commission concurred with this finding. The Commission also found that Tomaz represented a danger to the public peace or safety by refusing to submit to the hair test and committing this offense following his 2012 suspension. In light of the foregoing, the Commission revoked Tomaz's registration as a maintenance man.