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  1. #1
    Medium Load Member
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    Drug test: too diluted

    I never saw this one coming. On the first day of orientation and they said to come ready for a drug test. I drank a couple glasses of water in the morning with breakfast, but not a ridiculous amount at all. We were told we would go at a certain time, but that passed because another student was still finishing paperwork.

    i had to go bad, so I used the restroom and drank a little more water. We waited another half an hour and then they finally drove us to the clinic. There were a lot of other people at the clinic so we had to wait another hour. During that time, I had to use the restroom again so drank more water. Finally when I gave the sample it was pretty light colored (but I thought no big deal because it seems like they are always saying to drink enough water so your urine is clear).

    Well today (the second day) we finished class and the instructor ominously said for everyone to leave but for me to stay. Then he remained totally silent for a long time until the very last person had left the room. Then he told me, with a sort of glint in his eye, that I had failed the test because it was too dilute and they were sending me home. I sensed something weird from this orientation from the very beginning because the instructor has been very cold and seems to hate teaching the course. He seemed to get a kick out of telling me I was done.



    Is my future in trucking over? Do I have to tell every other employer that I failed a drug test because abuse of Schedule I H2O? It seems like by default they consider you a criminal. Do I have any recourse?

    *BTW, I don't use any illegal drugs and haven't been using any over the counter or prescription meds either - zero.

  2. #2
    Road Train Member xlsdraw's Avatar
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    Sounds to me like they may be claiming you cheated versus failed for a substance. Probably gonna need an Employment Lawyer that understands your rights and Avenues of recourse.

  3. #3
    Medium Load Member
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    Just get a copy of the results so that you have a copy should you need them in the future. While I havent heard of this happening before it seems like the story holds water ( just kidding... ) Seriously just get a copy of the results and I think you will be fine - plenty of other companies out there.

  4. #4
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    Could go back to ur old employer.

  5. #5
    Road Train Member passingthru69's Avatar
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    I had a ramdom test one time that came back as to diluted. Had to re test and no issues. That is not a fail fight it

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  7. #6
    Road Train Member drvrtech77's Avatar
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    Generally when a drug test comes back inconclusive becuse of the sample being too diluted, they'll generally have you retest and if he 2nd passes, then all good but if 2nd test fails,you're gone.

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  9. #7
    Banned or Retired
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    It's not a fail. The clinic should call you back for a re-test due to weak specimen. Take a multivitamin. that makes the pee darker.
    If you paid money for the class demand a re-test or your money back. File a claim in General Sessions court if they don't oblige.

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  11. #8
    Light Load Member TachItUp's Avatar
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    It seems pretty stupid that they didn't send you back for another test. I don't see how a diluted test could be considered a failed drug test.

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  13. #9
    The Legend CondoCruiser's Avatar
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    There's a positive dilute and a negative dilute. Why drink water 4X before the test? That's not normal.


    § 40.23 What actions do employers take after receiving verified test results?

    (e) As an employer who receives a drug test result indicating that the employee's specimen was dilute, take action as provided in §40.197.

    § 40.197 What happens when an employer receives a report of a dilute specimen?(a) As the employer, if the MRO informs you that a positive drug test was dilute, you simply treat the test as a verified positive test. You must not direct the employee to take another test based on the fact that the specimen was dilute.

    (b) As an employer, if the MRO informs you that a negative test was dilute, take the following action:

    (1) If the MRO directs you to conduct a recollection under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL (see §40.155(c)), you must do so immediately.
    (2) Otherwise (i.e., if the creatinine concentration of the dilute specimen is greater than 5 mg/dL), you may, but are not required to, direct the employee to take another test immediately.
    (i) Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation (see §40.67 (b) and (c)).
    (ii) You must treat all employees the same for this purpose. For example, you must not retest some employees and not others. You may, however, establish different policies for different types of tests (e.g., conduct retests in pre-employment situations, but not in random test situations). You must inform your employees in advance of your decisions on these matters.

    (c) The following provisions apply to all tests you direct an employee to take under paragraph (b) of this section:

    (1) You must ensure that the employee is given the minimum possible advance notice that he or she must go to the collection site;
    (2) You must treat the result of the test you directed the employee to take under paragraph (b) of this section—and not a prior test—as the test result of record, on which you rely for purposes of this part;
    (3) If the result of the test you directed the employee to take under paragraph (b)(1) of this section is also negative and dilute, you are not permitted to make the employee take an additional test because the result was dilute.

    (4) If the result of the test you directed the employee to take under paragraph (b)(2) of this section is also negative and dilute, you are not permitted to make the employee take an additional test because the result was dilute. Provided, however, that if the MRO directs you to conduct a recollection under direct observation under paragraph (b)(1) of this section, you must immediately do so.

    (5) If the employee declines to take a test you directed him or her to take under paragraph (b) of this section, the employee has refused the test for purposes of this part and DOT agency regulations.

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  15. #10
    Road Train Member Charli Girl's Avatar
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    THats the dumbest thing I've ever heard of!!! Sounds like Mr. SUPERIOR needs an attitude adjustment,GAWD why are people so frigen mean? I would've chewed him up one side and down the other! And went down the road to another job! Trucking jobs are dime a dozen..not saying great ones but still....step back and YOU take the wheel and don't let jerks like that control your future! If someone is clean and they know it,they would NOT just lie down and take that. I would've laughed in his face bc I know darn well there's a fly in the woodpile somewhere!!!

    rant over..

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