positive drug test results

Discussion in 'Trucker Legal Advice' started by fredman1492, Dec 19, 2007.

  1. fredman1492

    fredman1492 Bobtail Member

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    I recently took a random urinalysis for my company and the results came back positive for THC. I am not a drug user, and am wondering how this could be so. I was called this morning by my now ex-boss and told that I could not drive until they did a retest. Fifteen minutes later he called me back and told me I that I was terminated. It is my understanding that by law I can have my sample retested. Is there any truth to this and do I have any options? Also when I asked my employer about a retest, I was told that he'd cross that bridge when he got to it, meanwhile I've been fired before the retest, is this legal?
     
  2. myminpins

    myminpins Road Train Member

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    Were you around friends who were smoking a joint/weed? Especially in a vehicle or room in a house? If so, it can easily get into your blood because you're breathing in the same air, which has traces of THC in it.

    I don't know if you can demand a retest but, if there's a way to get a QUANTITY out of a test, I'd call a lawyer and see if he can get this fixed (if this is, indeed, what happened). This will go on your DAC record and prevent you from getting a job for a long time. Get it fixed if you didn't actually imbibe in an illegal substance yourself!!
     
  3. Roadmedic

    Roadmedic Road Train Member

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    Definately a potential problem. As a volunteer paramedic, I had to go into a house for a call one time that reeked very strongly of pot. A check on the levels and it was possible that I could have tested positive for usuage. I gradually stopped being available for the ambulance crew after this exposure.
     
  4. jbc

    jbc Light Load Member

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    Yep. In many states an employer can fire you for no reason whatsoever. Check your state's employment laws.
     
  5. LuckyLady7

    LuckyLady7 <strong>Good Luck Charm</strong>

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    Now that is fact....as I was told that anyone could be fired and there doesn't have to be a reason or they can say "we no longer require your services!" This really is bad and I feel for you, but the only way you can know for sure is to obtain an attorney...Good Luck..
     
  6. witchwaywest

    witchwaywest Medium Load Member

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    False positives for THC and other drugs are common.Many prescription drugs and over the counter drugs can cause a false positive result.Make sure in the future that the doctors office that takes your urine speciman sends it to a state certified lab for testing.Also upon giving a speciman,do tell the doctor what meds you have been taking.Think real hard.Vitamins,herbal supplements,pain relievers,everything.Maybe you forgot that you had been taking one these and failed to tell the doctor.The result?A false positive.My advice?Go back to the office where the speciman was taken and explain the problem.Call the lab and request the testing results and how it was broken down and how they arrived at their results.If you can't resolve these issues with the lab or doctor,go to your states website for health and regulation.Contact them and explain the situation.As far as being fired,that seems a little extreme.I know some companies will fire you on the spot,but I have worked for companies that gave the driver time to correct the problem.They would take the driver off the road until the problem was resolved,then reinstate when it was.If all this fails seek legal advice.It's your reputation and record.A small price to pay for legal advice.
     
  7. bubblehead1965

    bubblehead1965 Bobtail Member

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    You do have some legal issues here, one your urine is split into 2 different bottles before testing, if it is tested positive the other bottle upon your request and you have 48 hours must be sent to a different lab to be tested and reviewed by another medical doctor. If this didn't happen then you were scammed, unfortunately this happens alot more than it should in the industry...meaning they wanted rid of you and this is how they did it.
     
  8. Sejodiren

    Sejodiren Bobtail Member

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    Also, if your first specimen tests positive, The Medical Review Officer is supposed to call you and ask you if you have taken any OTC products BEFORE they can report a positive result to your employer. And the MRO is also supposed to ask you if you want the second specimen from the split tested. Get a lawyer!
     
  9. homewrecker 641

    homewrecker 641 Bobtail Member

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    YOU CAN CALL THE M.R.O. AN HAVE IT RETESTED BUT IT WILL BE AT YOUR EXPENSE. THIS HAPPEN TO ME ONCE, AN THE M.R.O. TOLD ME YOU CANNOT TEST POSITIVE FROM SECOND HAND SMOKE, OF COURSE I DO NOT BELIEVE IT . BUT THAT IS WHAT I WAS TOLD.
     
  10. tao4mind

    tao4mind Bobtail Member

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    My fourth and my fifth wives were total pot heads and I have never tested positive. They were both fifteen years younger then me and chain smoked the refer and played their music. I never worried about second hand smoke. At my last orientation with one of those "training" trucking companies, right after the drug test portion, half the class broke out their crack pipes at the motel. I think they should do a random drug test right after the drug test. But they already lost half the class with the first one. I can understand a deluted test if you are a vegetarian who drank a gallon of water just before the test. Positive THC does not seem logical.
     
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