why brubaker?
If there is nothing to hide then why worry about that.
I know that this could be just a question to get info.

Please do not take this wrong

I am not accusing you of anything but the only ones that worried about a drug screen was most of the time hiding something.

good advice
If you are ever presented a cup or drug screen form do not ask why just fill the dang cup.

If you are sick and throw up at the office then tell them well I had to do the test no matter if I was sick.

Cerberus: Not sure if you mis understood something or if you was agree'ing with me. I stated to the poster that him claiming he was sick and going back to the room in the companies eyes was a chance for him to cleanse the system out with stuff out there on the market. Maybe he doesn't do drugs and thought nothing of it, but in the companies eyes these things do happen.

The school i attended gave 1 drug screen the first day and then the one I am accused of refusing was less then 30 days later at the start of orientation. I had feeling they would test at this point I just was not thinking like someone who had something to hide I have never had a job that required drug testing and failed to understand the seriousness I think I just made the biggest and stupidest mistake of my adult life and from what you all are saying may cost me everything I worked for I dont do drugs and I just hope I get a second chance.

can a person check their dac?
if it is not on there just go to different company and apply, don't mention the other co.

Yes a person can check their DAC as often as they want. If you are looking for employment within the next 90 days, and are currently unemployed, then you can request it for free. Otherwise I believe it is on the order of $10 per request (could be more). If you search this board you will find info on how to request your DAC.

As for not mentioning the other company you can certainly try that. However, one of the first things recruiters like to do is pull your DAC report, if their company participates in the DAC reporting. If the previous company made an entry on the DAC report and jerezxp7 does not tell them he went to the orientation they will most likely not even bother to call him back.

In addition, if you read the FMCSA Rules, Section 40, Subpart B ( [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link. ), specifically section 40.25, the new employer is required to check a new employees drug testing history. If the company he was at reported this as a "Refusal to test", and it was legitimate, then he himself is required to tell the new employer about it. If he fails to notify the new company about this then he is in for MUCH greater trouble than before! Now instead of just going through the return-to-work process he has committed a potential felony offense and can be prosecuted for it. Even if not prosecuted he might very well lose his license and have a difficult time getting it back!

__________________
Knowledge is power, but sharing knowledge brings peace!

Unfortanly the school requires one and then you must submit a new one at orentation as all compines are required by the feds to keep records of drug test it does not make any difference if it was 1 day ago that you took a drug test or three years ago if asked for your sample please comply next time.
Basically everyone wants to cover their butt incase you get in a wreck and are high on dope not saying that you use just an example. That way they can say here mr fed man we drug tested this guy at this time came back clean test did not suspect that he was using.


also please be advised all law enforcement can at anytime request a sample. Including but not limited the D.O.T,city,state,county and even the man at the "chicken coop" ie weight station refusal to give a sample gives them the right tow and impound your truck, trailer and take your cdl immedatly for non compliance. That will also most likely cost you a job too with neg on your dac and no paycheck mabey even owing the company for towing and impound fees.

jerezxp7,

Don't get yourself into a tail spin over this! First things first, you need to determine if the test was considered to be a pre-employment test or not. We don't know your entire situation so you will need to do this. You can possibly save yourself some money on an attorney just now but again it might be in your best interest to have one perform the leg work. If you can not afford an attorney there are free legal services out there if you qualify for them.

Did you take a company sponsored school? Or did you pay for the school yourself and then go apply to companies? If you paid for the school and only took the one drug test with the company (the one they claim you refused) then I would fully expect it being classified as a pre-employment test.

I would immediately write the company and request an explanation of how they reported the drug test and who they reported it to. This is where an attorney would come into play. You can send a letter yourself (if you do send it certified return receipt) but the company might sit on it for a long time. It is unfortunate but companies listen when an attorney starts to speak!! An attorney might obtain a response much faster than your own letter. But hey, you never know the company may respond quickly to you.

I would also pull a copy of my DAC report to see if anything has yet been reported on it. As I said before, since you are now unemployed and looking for work you will need to tell this to USIS and the first report is free. You do not need to give USIS any details of any employment or issues but only need to ell them you are unemployed and looking for work.

While you are waiting for the responses to come in I would not waste any time and research the "return-to-work" requirements and who in your area is authorized to provide these services. Check out what it is going to cost you if it comes down to that. You might even speak to your chosen provider of the service. They may be able to look into the incident (possibly for free or a small fee) just to see if it was reported as a refusal to test.

Good luck and let us know how the entire process unfolds. I am sure your experiences will help other drivers in similar situations.

__________________
Knowledge is power, but sharing knowledge brings peace!

jerezxp7,

I think I may also save you a great deal of time right now trying to determine if this was a pre-employment test or not. For every drug test the testing facility is required to give you a copy of the federal drug testing custody and control form. I save all of mine to have a record of when, who, etc. On that form the lab is required to annotate the reason for the testing and "pre-employment" is one of the reasons.

I don't know if the company gave you a copy of the form but the school should have. If you still have the form look for the reason for the test. The FMCSA regs do not specify that CDL schools are required to test students. If you were pre-hired by a company, and they are paying for the school, they may have an agreement to have the school perform your pre-employment drug test. Also check with the state CDL regs to see if they have a requirement for schools to test. You can call the school, if it is not the employers own school, and ask them why they tested you.

You never did mention if you went to a company school or if it was private and you paid? Can you tell us? Also at what point did you leave the testing area? Was it before your number was called to go in for testing or were you in the process of testing, at any point, when you left?

__________________
Knowledge is power, but sharing knowledge brings peace!

basically you just re-worded what i said, so yes i was agreeing with you.............

This is great information you have all helped a great deal with your advice I appreciate your time thank you thank you. jerezxp7