The MRO said that "shy bladder" is not considered a medical reason to not urinate! That's why he marked it as "refusal to test!" I do plan on checking with personal physician.
Refusal to Drug Test Question
Discussion in 'Trucker Legal Advice' started by bigchief57, Feb 9, 2012.
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And the MRO is WRONG..If you have a documented cause/condition for your physician it is a legitimate reason. This is why the current state of the drug testing industry is so bad for drivers. Companies can use the cheapest labs (sometimes overseas) and it takes absolutely NOTHING to "qualify" an MD as a Medical Review Officer. Nothing but the cheapest sheepskin from some overseas "college" quantifies someone to have control of a person's job/career/life. See your doctor and a good attorney immediately. Otherwise this can take on a life of it's own quickly.
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Man that's rough dude. I have no advice as I'm a bit to new but good luck. Makes me want to take care of myself. I hope you find a job soon.
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I know your pain i have this thingcalled white coat sydrome, where my blood presure goes sky high while seeing the doc and once wasn,t abke to pee,lucky for me my doc understood this and gave me time to pee, he also uses my own records to verify my blood.
Giggles the Original Thanks this. -
You don't say how long ago this happened. I would have gone back the next day & paid for a test out of my own pocket. At least this way you would have proof of being "clean".
CondoCruiser Thanks this. -
All the procedures for drug testing
http://www.dot.gov/odapc/NEW_DOCS/part40.html?proc
It seems to me at your age you have a record of clean drug test. You are also at an age where medical problems happen. When did you finally go to bathroom?
You can have prostate problems. You can have diabetes and not know it. Diabetes will dehydrate you as your kidneys work overtime.
I know you probably lost your health insurance, but you need to get to the bottom of the problem first and find out what is medically wrong.
You have a right to take your own drug test. If you pass, then the employer has to agree on a third test location.
SAP's are for testing negative only. Not refusals to test.
This is your livelyhood. I wouldn't go down without a fight.
I don't think procedures were properly followed.
The MRO was suppose to check the "Refusal to Test" box and put in remarks "Test Cancelled" and why. Sounds like the procedures weren't followed properly. Just because the test collection site was certified to do physicals and drug tests doesn't mean they could physically diagnose your medical condition.
http://www.dot.gov/odapc/NEW_DOCS/subpart_i/40_193.pdf
^ 40.193 What happens when employee can't produce sample?
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It would seem that an unsupported claim of shy bladder isn't enough. -
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My husband was sent to a company to do preemployment orientation, then sent to another company for preemployment physical, they did a hair follicle test and urine drug screen. Male collector took him back, he urinated, but not enough. Drank the water, felt little urge, male collector left for the day and female office employee took him back still didnt go enough. Hour 3 came, still couldnt go enough for the female office worker, they told him to go back to original company and will let him know whats next, he went to original company they had them tell him to come back home and see a doctor in 5 days, no paper work, no word from mro, he drives all the back home from arizona to oklahoma, our pcp couldnt get him in, so he goes to a clinic and tells them what happened and needed reson why cant go enough. By then hes rehydrated and going like a racehorse now. Anyway he gets report and hiring company instructs him to email it to the testing company, mro declines it, a safety manager from Dallas tx called him day after the report, twlling him its going to be marked as positive test, his cdl is now disqualified, and to get requalified he has to participate in a sap program and there are none anywhere around us in Oklahoma. He has never failed a drug screen in his 32 year career and this one company disqualified his license. Thought mro was supposed to contact him personally, provide ccf form and guidelines to clinician that was going to see him, and if refused to accept the assessment mark it incomplete and thats it. A complaint was filed with the fmcsa in Az due to several issues they said were violated, but how is he supposed to get this off his dac report?
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I absolutely can't pee if somebody is standing there watching me. All the times I've tested nobody watched me.
Before I let them fail me, I'd tell them to put a catheter in. Or why can't they take a hair or blood sample? They claim they can go back 7 years with a hair sample.
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