Driving after DOT/SAP guidelines.

Discussion in 'Trucking Industry Regulations' started by bigrigdriver229, May 9, 2009.

  1. bigrigdriver229

    bigrigdriver229 Light Load Member

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    Ok this is going out to PSANDERSON or to anyone (seriouse replies please) who can help me with the following ISSUE at hand.
    After I get my last meeting in with my SAP (Substance Abuse Professional) and he does his return to duty report to SWIFT and DOT in Washington,DC. I want to know what its going to be like to get into a TRUCK after two yrs reguardless locally or regionally.
    The SAP and the counselor I seen both realize what the mistake was so the procedure was not long at all, only thing that hurt was the out of pocket money I had to pay alomost 600.00 total ( I'll never be late again for a random). I also have a rebuttal in with USIS and they say I have til the end of May/2009 to find out what SWIFT said.
    And by what other drivers told me the Reason why I was REDFLAGGED by SWIFT when all this happened was that the DM had told me over the phone that I had a random coming (so therefore I knew about before i arrived) so that should fall on him . I did not tell USIS that as SWIFT has to prove what went wrong. As I'm told by other drivers they were to tell me to report to the OFFICE first, secure my RIG , then have me proceed to the testing site, that never happened, but anyways...... explain to me the procedures or the rules in the book of return to work status and what I have to put on any future applications reguarding this as its on DAC until I can get it off. As i said SAP and hhis recommendations are DONE just waiting to see his report which is in my favor hes already told me.... Respectfully. and thank you PSANDERSON for all your help and guidance in this whole mess
     
  2. Mike_MD

    Mike_MD Medium Load Member

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    The report doesn't go to DC. While there are plans to have a national drivers database with the driver's medical and D & A testing info there is no such national database today. Some states mandate carrier's report positive drug tests to the state.

    The SAP should be the counselor. If you're seeing two different people the second one may have been a condition of the SAP.

    I disagree, the procedure will require a minimum of six follow-up tests in the next 12 months.

    You're a driver that tested positive, end of story. Swift has no option but to report to any subsequent employer that you refused a drug test.

    Swift has met their obligation, they reported you as a driver that refused to test; therefore, you will be reported as such:

    The fact you were randomly selected for a test, did not show for the test as required made the test positive.

    While that maybe true, it is not a fatal flaw and will not result in the test being cancelled:

    You will never get it off your record, you failed to show for the test, it's a done deal. YOU TESTED POSITIVE!

    Swift is required by the Federal guidelines to report it as a positive test to any subsequent employer when asked.

    If you falsify your application and fail to list Swift as a previous employer you maybe prosecuted for Part 390.35:

    I can attest to one driver being terminated and prosecuted when the DOT discovered the driver falsified the application by failing to list the company where he tested positive.

    The SAP may understand your problem; however, the SAP is required by Part 40 to mandate the six folow-up tests and ensure you complete the program. If you miss one of the follow-up tests you start from square one. See another SAP, etc.

    You will not be hired by another reputible carrier for some time, at least 12 months. Depending on the job market it maybe years....

    You will have to report the refused test to any future DOT employer.

    Better buckle up it's going to be a very bumpy ride!

    Be safe.
     
    Last edited: May 10, 2009
    witchwaywest Thanks this.
  3. abjz71

    abjz71 Light Load Member

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    long story short your F ed to many drivers not enough freight its time to find something else to do
     
  4. RickG

    RickG Road Train Member

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    You'll never work for a bottom feeder OTR company but your career isn't over . I worked for a company that had a driver test positive and they put him back to work when he was qualified after following proper procedures . Apply for jobs with smaller companies and explain the situation . Maybe get your own authority and get into hotshotting .
     
  5. psanderson

    psanderson Road Train Member

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    I can't attest to your problems obtaining a driving job again because I retired in December, 2005 and because I didn't hire drivers for a motor carrier as a federal agent, but it appears as though with the economy it will be a tough road to climb. As for the rest, Mike MD has hit the nail on the head. You waited too long to seek the SAP help which according to other posts here will require you to go through some type refresher training with the bottom feeders assuming one of these carriers will accept you with the refusal on your record. Then, assuming one will accept you, there will probably also be some kind of stipulation that you pay for the follow-up tests.

    Perhaps this is a good time to also warn newer drivers again to read and understand the rules as I've stated many times. That little green book published by J.J. Keller that motor carriers issue to drivers can be your best friend, or your worst enemy to which you can readily attest.