Former Longshoreman Barred from Reinstatement After Drug Test
November 15 2018
Today, the Commission accepted the withdrawal of a petition for reinstatement from Andre Tomaz, 39, of Elizabeth, New Jersey, to restore his registration as a longshoreman (maintenance) in New York Harbor after a failed drug test. APM Terminals in Port Elizabeth had sponsored his petition following receipt of a letter of recommendation from the International Longshoremen’s Association.
As a longshoreman, Tomaz worked as a cargo container lasher and then as a chassis mechanic in Port Elizabeth in 2005-2014. Tomaz has been the subject of industry or Commission action for drug use or failed drug tests as follows:
In 2007, he failed a drug test following an accident at work, resulting in a suspension of employment for sixty (60) days;
In 2012, the Commission suspended his registration an additional fourteen (14) days because he had used marijuana and cocaine and operated a motor vehicle while under the influence of alcohol. He admitted to the drug use without a drug test;
In 2014, following an administrative hearing, the Commission revoked Tomaz’s registration after he refused to submit a hair sample for drug testing although he had been advised that this refusal would be considered a positive result. Among the explanations that Tomaz or his two attorneys had offered for his failure to submit a hair sample was that he was afraid that the drug test would cover a period of years instead of months and he was a member of a church that prohibited haircuts except on birthdays and New Year’s Day.
In 2015, the Commission denied Tomaz’s first petition for restoration of his longshoreman registration after he failed another drug test by testing positive for cocaine.
On November 2, 2018, Tomaz submitted to drug testing in connection with his second petition for restoration of his registration. He tested positive for cocaine metabolites – his fourth failed drug test. After receiving the result of his drug test, Tomaz requested the withdrawal of his petition for restoration. Today, the Commission granted withdrawal of the petition, thereby barring Tomaz from reinstatement on the waterfront as a longshoreman.