Failed Drug Test
Discussion in 'Questions From New Drivers' started by ACT RIGHT, May 13, 2008.
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I'm the same way. But you and I know the regulations and the kid I saw worked for another company was new and like you said he didn't know what's up. I told him privately but I was there for another reason so I don't know what he did.
But what's more important here are the collections sites that do this kind of shotty work have no idea how important it is to a driver. My company had a hard time finding a lab that would do what we wanted. And they still made clerical errors all the time. -
I must add, as a voice of authority on this topic, you will not get a positive on marijuana unless marijuana is present in the sample.
Don't nit pick either about that statement. I mean if you don't smoke it, it wont be there. Even if you are in the same room with a smoker, it isn't going to be there. Not if you handle it, roll it, get a "contact high" from it, nothing.
If you get a positive on the test, then the sample had it in it. If you claim "the sample was contaminated!!!" the question goes to motive of the contamination by the one collecting the sample.
I could go on, but this is the deal, if you have a positive hit on your test, you are dirty. Period. If you were innocent, the short conversation you had with the doctor would have brought that out as there are only a couple very rare instances when a sample would provide a false positive, and that doctor checked that out when he talked to you. You might not have realized it, but you answered the questions in a way that indicated you were dirty.
Oh well. -
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According to the FMCSR, the MRO is supposed to contact YOU if there's a positive. He should ask about prescription drugs and the like.
Then, after he's talked to you, and has determined that the results are accurate on that sample, he tells the company.
The company explicitly can not 'stand you down' before they get a positive response from the MRO - unless they have that exemption.
That having been said - unless you can get it removed from your DAC - and it sounds like it's going to be nearly impossible, given that you've gone through a SAP, it's going to stay there for 3 years.
I don't think any OTR carrier will hire you, I'm afraid. You'd be best hitting the locals to keep pizza on the table.
Recap:
Test
Results go to MRO
MRO calls and talks to you
MRO calls company and says "positive result"
company fires you
That's per the law. The only way around that is if they have a very hard to get exemption. -
Besides a lawyer you might decide to give yourself a piss test. You can buy them online for different substances. Pot tests alone are the cheapest.
My fear is the blood sugar test. Mine zoomed up this month & it is a waste of oportunities to test now.
Definately see a lawyer. I had a woman claim she saw me drinking Samual Adams beer. I was a meter reader. They fired me but I forced them to test me. The breath test passed & had a copy. The urine never got results, they wouldn't give them to me & claimed the woman had to recant her statement. She wouldn't & they hired 2 men to do my job. Plus I was denied unemployment & wonder what they say in my background check. You need to know that.
And these labs make mistakes. Even the FBI labs have screwd up, plenty of criminal cases have been tried on wrong info & a wrong person is convicted. -
There is ONE product out there that will make you test positive for marijuana. It is hemp seed oil as a dietary supplement. This is a quote from Wikipedia
[edit] Food
Hemp seeds contains beneficial omega fatty acids, amino acids, and minerals. The seeds can be eaten raw, ground into a meal, sprouted, made into "milk" (akin to soy milk), prepared as tea, and used in baking. The fresh leaves can also be eaten in salads. Products range from cereals to frozen waffles. hemp tofu to nut butters. A few companies produce value added hemp seed items that include the seed oils, whole hemp grain (which is sterilized as per international law), hulled hemp seed (the whole seed without the mineral rich outer shell), hemp flour, hemp cake (a by-product of pressing the seed for oil) and hemp protein powder. Hemp is also used in some organic cereals, for non-dairy "milk" somewhat similar to soy and nut milks, and for non-dairy hemp "ice cream."
HOWEVER......... I don't know of TOO many people that will use it as dietary supplement just because of the possibilities of a positive for a drug test. Just know, there actually IS a way to introduce it into your system without actually smoking the crap.Last edited by a moderator: Dec 15, 2008
ladyredrose23 Thanks this. -
this is true - but only if you are using .. um.. less than carefully prepped hemp seed products. There are hemp seed products out there that contain no THC - and thus won't trigger a positive test.
psanderson Thanks this. -
Get educated people poppy seeds will show a false positive if you eat alot of bagels and if your a big eater a half bag of miniture poppy seed bagels with cream cheeze is nothing and a quote from the federal safety book is fine but having been there done that!! those $8.00hr techs can and will loose your test happens all the time also remember vitamins and supplements will also give false readings and any kind of nasal sprays for asthma or allergies and asthma inhalers are a culpert as well.
as an ex-nurse these things I know for sure and have seen first hand,why does everyone think so neg. against this kid [me thinks some of you nasayers are the guilty ones]
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THANK GOD FOR SOMEONE WITH COMMON SENSE AND THE ABILITY TO READ.
HAPPY HOLIDAYS RADMAN56,DRIVE SAFE WITH THE SUN AT YOUR BACK AND THE ROADS CLEAN AND CLEAR FOR YOUR ROLL.
Last edited by a moderator: Dec 15, 2008
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