Fired metal shredder worker argued that her alcoholism is a disability

Stock image of a crane loading a truck with metal scrap. Photo by Adobe Stock

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A woman who worked near a shredder that grinds up old cars and other large, discarded metal objects at a Whitby, Ont., recycling facility who was fired from a “safety sensitive position” for drinking on company property, has failed to convince an arbitrator that her alcoholism is a disability and she should get her job back.

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Zoe Stanley, whose former job is described in the arbitrator’s recent decision as an “air traffic controller” directing loaded dump trucks and cranes to the shredder at Gerdau Long Metal North America’s Whitby recycling plant, was finishing up a night shift on Feb. 1, 2024, when a fellow employee reported to management that she “appeared to be under the influence of alcohol and was about to drive home.”

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After a manager tracked Stanley down in the parking lot and convinced her to come to the office, she was quizzed about the “overwhelming ‘smell’ of alcohol on her (also on her breath) — noticeable immediately on entering the room.”

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At first, Stanley denied that she had consumed alcohol on Gerdau premises.

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Stanley explained the “strong smell of alcohol on her work clothes” was because she and her husband make moonshine at home “as a hobby,” arbitrator Bernard Fishbein wrote in his Oct. 27 decision.

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“She also did mention that she had been drinking heavily at home as a possibility, but it was not really made clear why that would affect her ‘work clothes’ and the strong smell of alcohol on them.”

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More than four hours after her shift ended, Stanley “tested positive, 0.040 per cent on the first test and 0.035 per cent on the second test.”

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Gerdau’s policy was that anything over 0.02 per cent was considered being “under the influence,” said the arbitrator.

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Stanley, who had worked at the plant since 2017, was sent home pending further investigation.

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At a meeting the next month with company officials, Stanley “reiterated that she had not been drinking while working,” said the decision.

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“However, now, for the first time, although steadfastly denying that she had ever been drinking while working or during the shift, she admitted that she just happened to have alcohol in her bag that day and had taken ‘a sip’ (or maybe two) after the conclusion of her shift at her locker and before going to her vehicle.”

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When asked about what had prompted her to take the drink, Stanley “indicated that she had ‘personal things’ going on at that time which had been exacerbated recently. Ultimately, she went further and admitted she had a problem with alcohol but had not gotten help in the past because she did not know where to get help.”

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Stanley later revealed that she had increasingly been “drinking heavily at home virtually daily (but never at work) for some time” due to financial difficulties that resulted in the loss of her family home.

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Stanley was a member of the International Union of Operating Engineers, Local 793.

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Her union “raised the possibility of some return to work under some form of ‘last chance agreement,’ but the discussion did not go far,” said the decision.

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Then, at a March 12, 2024, meeting, Gerdau “advised that their investigation was pretty much concluded and that there had been a serious violation of its drug and alcohol policy which were grounds for termination.”