sent for a "reasonable suspicion" drug test on monday ....WTF?

Discussion in 'Trucker Legal Advice' started by weirdpuckett, Aug 25, 2011.

  1. weirdpuckett

    weirdpuckett Medium Load Member

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    Hey everyone, I thought I'd share this story with you all...I have been working with this produce company for about 8 and a half months making good money and having a clear and incident free time till now. Not even a single dispute with anyone in the trans office or any of the customers we serve. (many in a 6 state region)

    I came in to drive a route on monday august 22nd about 2:30 in the afternoon, I went upstairs to the dispatch office and immediately was met by my dispatcher.

    He says only to me "come with me" so I follow Him and we get in His truck (toyota) and He starts driving-not a word comes out of His mouth, but I notice He's got an "drug -screen authorization" form in His lap, I recognized it because just a couple of months earlier I was sent over with the same form for a "random" alcohol/controlled substance test.

    Well, we arrive at the concentra and I assume I was there to take another random drug-screen until I hear the nurse/attendant question my dispatcher, who handed the form to her say " Is this a random? Cuz you've checked the reasonable suspicion box."

    I was absolutely shocked when I heard Him verify this statement . . .He then says to me "call me when you're through" then heads back to the office.

    Now, when you take a reasonable suspicion alcohol/drug screen, they are required to have you pull down your pants and lift up your shirt to show the collection agent that you are not wearing a false ##### or with any sort of contraband that would "adulterate" the sample....

    I was very upset that my company initiated this test and have now, as it is my right pursuant to FMCSR 382.405(b),given them written request for all documents pertaining to this- including the document that they are required by FMCSR 382.401 (c)(v) that states the observation that the companies "qualified" supervisor supposedly made as well as His credentials . . .

    It sounds as though they want me to not be employed there, and that is probably why they initiated this whole thing but I honestly don't know why they would want to do this -the results are negative on both . . . .very bizzarre . . .
     
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  2. CondoCruiser

    CondoCruiser The Legend

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    With him escorting you is not normal. So my guess is he is the one that initiated it.

    Have you had any conflicts with him? Late deliveries? Falsifying? Something posted on facebook or recently broke up?

    It's too easy for a company to starve a driver out if they want them to quit instead of spending money on a drug test.

    Reasonable suspicion does have to come from a trained individual to the abnormal behaviors of an individual.

    The time frame from the last test seems to be too long and I don't think it come from there. Drug tests have cut off limits. Not saying you, but an individual can pass a test with trace amounts. A MRO can't reveal that though. They can only say whether you passed or failed. A diluted specimen or one out of the temp range will draw reasonable suspicion and a supervised retest.

    If you passed, that should be the end of it. Do your job and get your check. A good dispatcher is a team player with a common goal.
     
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  3. Meltom

    Meltom Road Train Member

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    that's odd, either they're overstepping their bounds or there is more to the story. Seems odd.
     
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  4. wis bang

    wis bang Medium Load Member

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    Reasonable suspicion testing requires 'Direct Observation' by a 'Trained Supervisor' who has undergone 1 hour of drug abuse training and one hour of alcohol abuse training.

    The supervisor is required to record his observations on paper describing the actions that prompted him to initiate the Reasonable Suspicion test.

    Any large company w/ a legal staff usually wants two trained supervisors making observations to cover their butts...

    Last week I had to talk our owner from sending someone a few days after a customer suspected a potential alcohol problem. I had to explain that he could not initiate Reasonable Suspicion on "heresay" from a customer.

    Had the [local] customer called when it occurred, I could have driven there and made an observation and would have taken him directly to our clinic IF anything was observed

    Since the OP says he was just returning to the terminal, I would question when the 'Direct Observation' occurred. This may have been initiated after they got a phone call from their customer making this potential Civil Rights violation if it was based on heresay instead of the required supervisory observation..

    I'd suggest contacting the DOT if you DO NOT get the information you are seeking, they do not like abuse and mis-use of the drug and alcohol regulations.

    Something smells here, the OP says he was just reporting for work and it appears that the supervisor was waiting for him...
     
    Last edited: Aug 31, 2011
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  5. Big Don

    Big Don "Old Fart"

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    I hope the OP will keep us posted as to what he receives from them. I'm also betting on the (probably anonymous,) phone call, and a dispatcher who screwed up.
     
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  6. CondoCruiser

    CondoCruiser The Legend

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    A vendictive ex-girlfriend. :)
     
  7. Meltom

    Meltom Road Train Member

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    We got an email from a night support dude stating a guy smelled like pot. But nobody is trained so there isn't anything we can do. Eventually he'll get pulled into the random pool and it'll sort itself out. Either he's smoking, or the night guy didn't smell weed.
     
  8. CondoCruiser

    CondoCruiser The Legend

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    The guy doesn't know who the trained one is. He don't even know he encountered him. Someone that doesn't smoke cigarettes can smell it in his clothes. Bust him :)
    Then get the dispatcher because he knows what it smells like, lol.
     
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  9. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Reasonable suspicious could mean you were seen at a rave party the night before passed out in the men's room. (at 3 am). Or, leaving a bar at closing time staggering to your car. You live in a small town ?
     
  10. DenaliDad

    DenaliDad Wheel Dog

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    I was a supervisory inspector with a federal regulatory compliance agency that was required to abide by the DOT drug/alcohol testing requirements. My advice is not to be your own lawyer, to gather all the documentation to which you are entitled, not to take legal advice from anybody on a trucker forum, including me, and most of all, do not wait too long to talk to an experienced attorney. These things are very serious and can ruin your career and life. You should take action (it sounds like you have) and not waste time whining or gripping. Those who are processing the samples and reviewing the results aren't waiting, either.
     
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