Just a little note on this, it does not make a difference on your record if both tests come back positive, which is the most likely result unless the lab made a huge mistake and the percentage of this actually happening it's less than 1%. Going through the SAP process is a DOT requirement, and depending on the state, must be reported by the TPA regardless of being a pre employment or random drug test.

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I got my CDL in arizona but live in northern california I have since changed my license over to california I was sent home by swift for refusing a pre-employment drug test , my situation is in earlier posts I have been told bye my recruter from swift that my license will remain uneffected but swift will report to DAC It has been 2 months now and there is nothing on my DAC I want to know does it usually take this long for a company to report to DAC ? I can not get Swift to respond to my request for information on this matter and now feel I must get lawyer to help me any advice on where to find a lawyer in this field would be a great help .

Safety Babe or anyone knowledgeable on the subject, what does TPA stand for? and where do you research what states are wanting to get involved?
I am working with a situation with a SAP ( who is working on saleing his service, witch is fine, and he claims a very high rate of re-employment for his clients) and my question is Insurance companies want a preimunim for drivers re-entering the industry or new grads, what would they want to insure a driver with a failed pre-employment test on thier record.

As to Swift responding or reporting in a timely manner, well they have a hard time just doing the basics.

TPA stands for "Third Party Administrator", which is typically the drug testing consortium used or drug testing administrator. As for the states that require reporting of positive drug tests I will have that list shortly and will post it here. They are only a handful of them. On the pre-employment drug test and insurance, if you belong to a state that does not require reporting of the drug test then you do not have to worry about it. The requirements for insurance premiums are driving experience (recent vs old experience), the driving record and vehicle being insured. That I know of there is no way for the insurance company to find out about a positive drug test. As running a drug testing consortium myself I have never provided this type of data to an insurance company and have never been requested to provide it. One less thing to worry about!

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It depends on how frequently the company uploads information to DAC. BTW, many companies uploads limited information to DAC to limit their liability in case of a lawsuit since they cost money to defend even if they win. I used to work for a very big trucking company that only uploaded dates of employment and positions and eventually stopped providing this info altogether because the legal department felt it was best to pull completely away from DAC due to the lawsuits DAC was facing. Another factor to consider, if it was a pre employment drug test you probably were not entered in their HR system as a new hire until the drug test came back negative, I think that it's possible that your record would not make it in DAC's database at all. I know where I used to work a driver did not exist in our database until all the pre employment requisites were completed, which means we never reported pre employment positive drug tests. I do have a contact for a law firm that specializes in transportation drug testing law, send me a message if you are interested on obtaining his information.

Take care

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One more thing, there are new regulations that request for you to provide if you ever tested positive or refused to take a pre employment drug test and proof that you completed the SAP program. Now, truth be told, it's virtually impossible to confirm a "NO" answer is accurate unless you are in a state that requires positive drug tests to be reported or if the company will report it to DAC, which I explained in my earlier post that there is a chance that it might not be reported.

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Thank you for the very helpful information, I got my cdl at the end of march and it is now early may, I just want to return to work, I don't exactly know how to go about getting on with another company because when they ask if i have ever refused to take a pre-employment drug test and I say yes thats it Im not hireable. I am the point now where my driving record is clean and my DAC report is clean I feel like I should just say I left on my own for personal reasons start work for the new company if 30 days down the road it comes back from Swift I did refuse or it comes up on my dac then be ready to find my own way home at this point at least I will get some otr and some money comming in I feel like I can not keep waiting to see what Swift is going to do and I can not get them to respond to give me information so what choice do I have but to continue like nothing happen but be ready in case something comes up, I feel like fruit dying on the vine as the days go bye and I am not driving , any advice is always appreciated thank you.
j

SafetyBabe,

Glad to have you on board here! With your current and past employment experiences you can add a great deal to these discussions.

I'm a rules and regs kind of person and like to fully understand those that affect me. As such I, for one, appreciate your input. From a non legal advice standpoint (your experiences and what you may have read about) would you mind a question or two? This may help some of those out there in similar situations. In addition, an erroneous test result can have devastating effects on a persons career options.

As you noted the number of erroneous results cases are very small. Have you ever run into a case of mixed samples (both split samples) or an individual who's physiological conditions actually caused the positives? For those who honestly know it should not have turned up positive (those that never take drugs or illegal drugs) would it be worth them immediately going to a testing facility and having a urinalysis and follicle testing performed? They would still have to enter the SAP process but would at least be able to have a second, independent testing done and at the ready.

Have you ever come across a case where an individual rightfully fought and won an erroneous results issue? Unfortunately, entering the SAP program in itself is a black mark on your record. In addition the way the SAP program is established via FMCSR an individual who does test positive is in a lock-step program. Once in SAP you are labeled guilty with no immediate second testing required by regulations to ensure the results were not erroneous.

The regs are very broad in nature with regards to how the SAP counselors will operate. Are there other standards SAP counselors follow?

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Knowledge is power, but sharing knowledge brings peace!

Thanks for welcoming me, I have quite a few years under my belt working for a large trucking company and now have my own transportation safety consulting company and LOVE what I do a little too much . Now, to your questions, with all my experience, and I used to manage a DOT testing pool of 10,000 drivers, I have never seen a case of mixed samples or erroneous results caused by a physiological condition. I have done a lot of research on this subject, particularly for a recent case I've handled and even though I found websites that claimed some diseases could cause a false positive I did not find any back up documentation for this claim.

Doing additional independent testing, being an urinalisis or hair follicle testing would probably be beneficial in case a lawsuit was to take place but a motor carrier cannot take these results into consideration, otherwise they would be in violation of the FMSCR's.

I have seen drivers win cases, particularly when they were handled by TPA's that mismanaged the process and did not do the proper documentation required by the FMCSR's, not necesarily that the drug test result was incorrect. In those cases the lawsuits started against the motor carrier but once it was clear that the TPA did not follow procedure the lawsuit turned against the TPA. There are a few things that I would recommend to anyone submitting a drug test that would assure to a certain degree that samples are not switched and erroneous results provided: 1) Keep your copy of the chain of custody form, this would be the green carbon copy in most cases. 2) Watch the lab technician as he/she seals the containers with the labels provided on YOUR chain of custody form 3) Make sure that the lab technician splits your sample in front of you 4) See that the restroom is properly equipped to do DOT drug testing such as tinted toilet water, sink is outside or locked, etc.

In case of a positive drug test, request for a copy of all correspondence relating to the drug test, this must be done on writing but you do have access to this information. Even refusals must be documented properly. When you receive the documents make sure that the specimen number from the chain of custody form to every other form, letter, etc. has the same specimen number. Also ask for documentation of the lab technician DOT drug testing training. Motor carriers must keep documentation for DOT positive drug tests for 5 years.

On the SAP questions, there are organizations that qualifies SAP's, there is training they must secure and pass a test.

I hope that this information helps, take care!

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As promised here is the list of states that require positive drug tests to be reported to the division of motor vehicles department:

California, North Carolina, Oregon, Texas and Washington

California - does not require driver information, therefore not traceable to individual driver, statistical information only

North Carolina - employers must report positive drug and alcohol tests for NC CDL holders. License will be suspended until documentation of successful treatment with an SAP is submitted.

Oregon - Only applies to positive drug test results. MRO (medical review officer) forwards result to state, state contacts employer and releases information to other employers with signed release. CDL is not affected

Texas - MRO sends information to employer who then sends it to the state, if self employed MRO submits information directly to state. CDL is not affected.

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