Originally Posted by MNHillyBilly

It is my understanding that they also test for these things. Chemical is Chemical in the system. But I could be wrong.



Would it be futile to go and get a urine, hair, and blood test, just to cover his ###?

I guess I would, as there will probably be lawyers involved. At least he would have a Med Examine with a date on it...?

Originally Posted by Sentinel

jerezxp7 wrote:



From FMCSA Rules:
[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

The first question is were you considered employed by this company when you reached orientation? Did you already fill out any employment paperwork that would indicate this? Did you already perform a pre-employment drug test for this company and this was another or random test after being employed? As you can see from the FMCSA regulations below if this was a “Pre-employment” test then it is not a reportable refusal to test.




You stated that you were sick and taking 2 prescriptions. When you became ill did you go to a doctor and obtain those prescriptions for the illness? Were you under a physicians care for this illness that caused you to leave the test? The FMCSA regulation below specifically states that if you needed medical attention the testing facility can not delay that need just to obtain your sample.



The unfortunate part of this will be if you left a testing facility for other than a “Pre-employment” drug test and you did not leave to visit a doctor for medical attention. According to the FMCSA regulations you have violated the regulations and will be required to follow the “Return-To-Duty” requirements which are outlined in Section 40.281. I can not say what the next company would say or do but I would expect they would not pay for any costs to comply with the return to duty requirements. As a result you would more than likely have to and also take the chance that another company would be satisfied and hire you.




The biggest problem you might have is what this company puts on your DAC report. Most companies that use DAC are going to pull that as the first thing and will more than likely make their decision immediately based on that. Not only does the FMCSA not control USIS and the DAC reporting system, they plain don’t care about it. That is unless a motor carrier has a complaint filed against them and the DAC report is evidence of it.

You can always wait and see what happens and apply to other companies. After awhile you can pull your DAC and see what that company reported. However, you will lose time as a result of it and may pass beyond your preferred companies “New Grad” hiring windows and lose the opportunity to work for them. Also once the carrier has made an annotation on your DAC you can take forever getting it corrected. Regardless of how you write to a company requesting the correction they can further punish you by taking as much time as they want.

Regardless of whether this was a pre-employment drug test or not you might have valid grounds to contest this. I would consult with an attorney immediately and have the attorney write any letters to the carrier. It might cost a few dollars to do this but every week, or month, you are not driving you are losing money.

Good luck!

Originally Posted by MNHillyBilly

i would do this also. But I know nothing..

Originally Posted by jerezxp7

Thank you for the info very helpful , what are the signs of being a employee as apposed to not I was in my first day of orientation and in fact had just filled out my W2 and was signing a host of other papers I had not yet recieved a drivers code or a comdata account and have never recieved any money what so ever from the company.

Originally Posted by groovemachine

I'm a little confused that you are surprised when the instructor told you exactly what would happen. Were you able to lay down somewhere on the premises until you were able to take the test?

You have to admit this looks pretty suspicious from the company's point of view.