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08.16.2007
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| O/Op required to drug test themselves? I have a question,that was brought up to us,we checked with alot of folks who are O/OP and they have never heard of Federal laws requiring an O/OP,who has his own authority, to drug test himself on a regular basis...I could not find any such law in the book eithier... Did I miss something ? He lost a potential job(thankful now..wil explain later), because this law was thrown in his face, that he did not do this regualary....although he has had several for companies he has worked for... Drug testing has never been an issue (He doesn't even drink).... Just curious,if anyone has ever heard of such a thing? Heather  |
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08.16.2007
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| As an O/O You must be part of a radom drug screening program |
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08.16.2007
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| Hmmm..that is interesting.... Does anyone know the law number or where in the handbook it states this? I read and read but never found this anywhere? Heather |
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08.16.2007
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| 392.305 and 392.305(b)(1)(2) I think are the ones. |
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08.16.2007
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| Ok thanks....I looked for those and all I am coming up with is employers required to give random drug testing and the standard laws requiring that you do not operate under the influence.... He has been doing this 7 years as an O/Op and has over 25 years driving....this is a new one on us... Heather |
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08.16.2007
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| Drug Testing Quote:
Quote:
__________________  "It could probably be shown thru facts and figures that there is no distinctive native American criminal class...except Congress" |
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08.16.2007
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| Ok..thank you.... In reading this..I do not see anywhere that an O/Op ....He has had them through comapnies he has hauled for.( not leased to..he had his own authority and own insurance.).but he was denied the job because of a gap in drug testing...only one companies drug test showed up....they told him it was required by law to have yearly... Even in a large outfit.... It states all drivers..then in the sublaw states how employers should follo w the laws to test and under these sub laws Random: This unannounced testing is based on a random selection of drivers. The selection must be made by a scientifically valid method and all drivers covered by this rule must have an equal chance of being tested. The names of drivers who are selected for testing must be kept confidential until such time that the carrier notifies the driver to take the test. Once the driver is notified, he/she must immediately proceed to the testing facility and undergo testing. Every driver’s name that is selected for testing must be returned to the selection pool so that all drivers have an equal chance of being selected at any time.  OK..with Random...how do you scientifically and unknowingly surprise yourself with a drug test...You cannot surprise yourself..unknowingly with a drug test..Pre Employment is not yearly and random is not yearly because if it was it would not be random...TESTS REQUIRED The following tests apply to all persons who are required to have a CDL for the type vehicle being operated: Pre-Employment: This test is required and negative results must be received before a motor carrier allows a driver to perform a safety sensitive function. The pre-employment test is only required for controlled substances. Alcohol testing is permitted. Reasonable Suspicion: This test is required when a trained supervisor/employer has reasonable suspicion to believe that the driver has used alcohol and/or Thanks for your help... Heather |
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08.16.2007
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| You actually have to become part of a consortium(sp?) where you pay a yearly fee and they enter you into thier random selection pool. You dont personally pick the dates when you have to drop. Last edited by RNGTransport; 08.16.2007 at 01.51 PM. |
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08.16.2007
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| OK..so basically the law only states RANDOM then...so this company telling us that it is a yearly requirement is BS ? He was turned down on this...they stated he had not had yearly test as stated by law...He was just in shock because in 25 years, clean MVR etc..he has never been turned down..I guess their is always a first time for everything...We later found out a very shady company,so it is really a blessing that they did, but we wanted to find out for sure.. He got hired by another outfit,who was not awaree of this yearly screening .... He has had I guess random drug screenings when he would apply for jobs..like when he parked the truck due to fuel etc.... So who are these companies that you sign up with and do you have any idea what the yearly fee is? Never a dull moment in trucking...lol Heather Last edited by DanceswithHorses; 08.16.2007 at 01.51 PM. Reason: forgot a question |
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08.16.2007
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| One of the areas where OOIDA is worthwhile is that they operate a drug testing consortium for their members as needed. So you can join them, and cover it under their program. The pool is large enough and they have done enough testing that their system meets all the legal requirements. I am not a huge believer in many of the things OOIDA sells, but their drug testing program is what I would use if I was an independent. |
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