Refusal to Drug Test Question

Discussion in 'Trucker Legal Advice' started by bigchief57, Feb 9, 2012.

  1. bigchief57

    bigchief57 Bobtail Member

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    I was off work for 3 months due to a job injury. When released to return, I went to the company doctor to get my DOT physical. I passed the physical. I was asked to provide a random urine sample for a drug screen. I could not urinate. I sat in the office until it closed, drinking water the entire time, but still could not urinate. I was asked to come back the following day. The doctor could not find anything medical wrong, and sent the record to the MRO saying I had "shy bladder." The MRO has now flagged me with "refusal to drug test." My company terminated me because of this. I have been driving for over 35 years and have never failed a drug test, and I don't know why I could not urinate this time. Does anyone have any advice? I have no other job skills, and need to find a job.
     
  2. mgfg

    mgfg Road Train Member

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    Because of this you must go through re-hab before you can drive again.
     
  3. goodchoice10

    goodchoice10 Heavy Load Member

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    There has to be a better answer than that MGFG.......there is a thread here at TTR regarding "drug testing questions decoding" or something like that. Good stuff there, post your question in that thread, it might be more helpful. Good luck to you.
     
  4. losttrucker

    losttrucker Road Train Member

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    Let me state, I dont care if your clean or not!!

    Now first thing you need to do is go to your doctor and tell him your having trouble urinating. The reason is so you can have a medical trail of your "having trouble" to urinate. That way when you apply for a different job and its flagged on your DAC, you can dispute it with a medical history of having trouble to urinate. If that dont work (you better hope it does), well you will be attending Substance Abuse Classes, and even after that no major trucking company is gonna touch you for at least 7 to 10 years.

    Now, get clean man, I know its hard from experience but you should know by now if you wanna stay in this profession, you gotta get clean.:biggrin_25514:
     
  5. NSBGearjammer

    NSBGearjammer Medium Load Member

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    Have you had your prostate checked?
     
  6. Meltom

    Meltom Road Train Member

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    Is there a better answer than that? You should try to dispute it, but if the MRO says you refused the test I'm guessing you'll need to complete the SAP
     
  7. mgfg

    mgfg Road Train Member

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    SAP>Thanks Meltom, I knew re-hab wasn't the correct word!
     
  8. bulletproof77

    bulletproof77 Medium Load Member

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    Ok, there is another thread on here somewhere about this exact same situation, but I can't find it. As a shop steward I had to deal with this on occasion. One involved an older driver who's PERSONAL doctor I had to get a written diagnosis of "shy bladder syndrome" from. This is a medically recognized condition and should NOT result in a "refusal to test", which is ranked the same as a positive drug test. Go to your personal physician. Get any documentation from him you can about shy bladder syndrome and then fax to the MRO for the drug screen. If the MRO agrees (and a lot do, because they can't examine you from miles away) , you now have a case for wrongful termination from your employer. They were very stupid to fire you prematurely. Most just suspend until a final ruling from the MRO. This is quite a common condition in older males, particularly those with enlarged prostates. I had 6 grievances like this when I was a steward and I was able to reverse all of them. See your personal doctor ASAP. Have him examine you and document the visit (#### Logitech keyboard-hate these things) and examine for increased PSA levels and make sure you tell him what happened. After I got written confirmation of shy bladder syndrome" from the personal physician, the driver was able to re-test (he passed) and returned to work. For everyone here who is assuming the OP is "dirty", just wait until you get older. I spent a lot of time researching this and it is quite common in older , Caucasian males. Learned more than I ever wanted to learn about the prostate, drug tests and urinary functions and the law.
     
    Last edited: Feb 9, 2012
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  9. Giggles the Original

    Giggles the Original Road Train Member

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    how is a shy bladder refusal????? so when u went back the next day, did the same thing happen?????? more details please
     
  10. bulletproof77

    bulletproof77 Medium Load Member

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    Kind of wondering the same thing myself. Shy bladder does NOT constitute a refusal. His employer must be an idiot...
     
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