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I finished school and recieved my cdl before I went to orientation I got sick and went home after 2 weeks I returned for orientation but still not feeling good the morning of orientation I became really sick and went back to the Hotel where I was called an hour later telling me, I had to check out that I was being dismissed for refussing to take drug screen. I asked if I could come in and take it that I had no problem taking a drug test I dont do drugs they refused and sent me home. What is going to happen to me now I have a cdl is this going to make it impossible for me to get hired at a different company please help.
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Yes I told my instructer I was sick and was going to go back to the hotel I have been sick for 2 weeks and was almost hospitalized 2 weeks ago I was on the verge of passing out and just wanted to lay down the instructer told me when I was in the shuttle leaving that I would be put down as refusing a drug screen I thought I could go back to the hotel for a couple hours and return to take the drug test when I called in they said I could not come back. I did not think that 3 or 4 hours difference would mean anything when in came to taking a drug test I can't believe they would not let me come back even knowing that I have been sick for 2 weeks and that I am taking 2 prescriptions.
Yes I told my instructer I was sick and was going to go back to the hotel I have been sick for 2 weeks and was almost hospitalized 2 weeks ago I was on the verge of passing out and just wanted to lay down the instructer told me when I was in the shuttle leaving that I would be put down as refusing a drug screen I thought I could go back to the hotel for a couple hours and return to take the drug test when I called in they said I could not come back. I did not think that 3 or 4 hours difference would mean anything when in came to taking a drug test I can't believe they would not let me come back even knowing that I have been sick for 2 weeks and that I am taking 2 prescriptions.
They have assumed you took some stuff that cleans your system in so many hours prior to a drug test. There is things you can take 2 hours or so prior to a drug test to make you pass. This is why most have the 2 hour rule after being told to take a test. They probably assumed you was fibing that you was sick to take the meds to make you pass. That's my guess.
Will it hurt you. It will probably show up on your dac and yes it will hurt you. If the company reports to DAC. The best thing you could do is talk to someone higher in the company and explain. Don't go to the orientation person or the recruiter. Go to someone in charge and see if you can't explain your situation, it might help you. Ask them to at least not write you down as a refusal on the DAC. They are really forced not to lie though. But if they could make a note of how you felt that day??? Trying never hurts.
I finished school and recieved my cdl before I went to orientation I got sick and went home after 2 weeks I returned for orientation but still not feeling good the morning of orientation I became really sick and went back to the Hotel where I was called an hour later telling me, I had to check out that I was being dismissed for refussing to take drug screen. I asked if I could come in and take it that I had no problem taking a drug test I dont do drugs they refused and sent me home. What is going to happen to me now I have a cdl is this going to make it impossible for me to get hired at a different company please help.
Yes I told my instructer I was sick and was going to go back to the hotel I have been sick for 2 weeks and was almost hospitalized 2 weeks ago I was on the verge of passing out and just wanted to lay down the instructer told me when I was in the shuttle leaving that I would be put down as refusing a drug screen I thought I could go back to the hotel for a couple hours and return to take the drug test when I called in they said I could not come back. I did not think that 3 or 4 hours difference would mean anything when in came to taking a drug test I can't believe they would not let me come back even knowing that I have been sick for 2 weeks and that I am taking 2 prescriptions.
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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.
Quote:
Section 382.107
Refuse to submit (to an alcohol or controlled substances test) means that a driver:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a) of this title);
(2) Fail to remain at the testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences (see §40.63(c) of this title) a pre- employment test is not deemed to have refused 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.
Quote:
Section 40.61, Subpart E, Urine Specimen Collections
(b) Ensure that, when the employee enters the collection site, you begin the testing process without undue delay. For example, you must not wait because the employee says he or she is not ready or is unable to urinate or because an authorized employer or employee representative is delayed in arriving.
(2) If the employee needs medical attention (e.g., an injured employee in an emergency medical facility who is required to have a post-accident test), do not delay this treatment to collect a specimen.
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.
Quote:
§ 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
(a) Yes, as an employer, you must, after obtaining an employee's written consent, request the information about the employee listed in paragraph (b) of this section. This requirement applies only to employees seeking to begin performing safety-sensitive duties for you for the first time (i.e., a new hire, an employee transfers into a safety-sensitive position). If the employee refuses to provide this written consent, you must not permit the employee to perform safety-sensitive functions.
(b) You must request the information listed in this paragraph (b) from DOT-regulated employers who have employed the employee during any period during the two years before the date of the employee's application or transfer:
(1) Alcohol tests with a result of 0.04 or higher alcohol concentration;
(2) Verified positive drug tests; (3) Refusals to be tested (including verified adulterated or substituted drug test results);
(4) Other violations of DOT agency drug and alcohol testing regulations; and
(5) With respect to any employee who violated a DOT drug and alcohol regulation, documentation of the employee's successful completion of DOT return-to-duty requirements (including follow-up tests). If the previous employer does not have information about the return-do-duty process (e.g., an employer who did not hire an employee who tested positive on a pre-employment test), you must seek to obtain this information from the employee.
(c) The information obtained from a previous employer includes any drug or alcohol test information obtained from previous employers under this section or other applicable DOT agency regulations.
(d) If feasible, you must obtain and review this information before the employee first performs safety-sensitive functions. If this is not feasible, you must obtain and review the information as soon as possible. However, you must not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions, unless you have obtained or made and documented a good faith effort to obtain this information. (e) If you obtain information that the employee has violated a DOT agency drug and alcohol regulation, you must not use the employee to perform safety-sensitive functions unless you also obtain information that the employee has subsequently complied with the return-to-duty requirements of Subpart O of this part and DOT agency drug and alcohol regulations.
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!
__________________ Knowledge is power, but sharing knowledge brings peace!
Sentinel,great answers,i have been tested dozens of times,if your sick or whatever,don't refuse the drug test,tell the nurse or dr what you took for meds prescription or not,they can figure if you are lying,take that chance,never refuse a drug test,just my opinion of course,never have a reason to refuse or not pass one. if you do drugs or on meds that affect yout driving please find another job and don't ruin our lives with you out on the road.
the instructer told me when I was in the shuttle leaving that I would be put down as refusing a drug screen I thought I could go back to the hotel for a couple hours and return to take the drug test when I called in they said I could not come back.
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.
Thank you! But honestly until this question I really did not fully read the drug testing regs. I was familiar with the basics but not the depth to what I just learned myself.
There too is the major problem with not only the regulations but the agencies that should be there to not only make sure they are followed but also the agencies that should be there to protect the working person. I actually spent about an hour flipping back and forth, reading and re-reading and regurgitating the regs before I understood fully (I certainly hope) what "Refusal to test" means and the results from it.
If you read the FMCSA Regs closely there is little there for the protection of the driver and A LOT there for the protection of the company! Grant it you can not write the regulations to cover every specific incident or situation on a refusal to test. But it would have been nice for the FMCSA to mandate the carrier/testing facility to not only brief the individual on the consequences of a refusal to test, but also to have the individual sign that they have been given a written paper covering the rules and consequences. The problem with the rules are the written versions have been so convoluted by each significant part being split into multiple sections. If you're sick it is hard to concentrate enough to sort through all of the various sections.
It is very unfortunate that the worker has to not only know their job these days but must also know Human Resources job, a lawyers job, a governmental regulators job, all of the pertinent laws, ad nauseam, just to cover their own "a $ $"!! In this situation, as described, I would have let them know I was sick, asked for their solution and stayed if not given authority to leave in writing and taken the chance of how my illness would affect the testing process. If I power purged (vomited) all over the place or cracked my skull passing out then the company has some answering to do.
__________________ Knowledge is power, but sharing knowledge brings peace!
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04.04.2007
Refusing a drug test 
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