Broken chain of command

Discussion in 'Trucker Legal Advice' started by willcoyote, Feb 10, 2014.

  1. willcoyote

    willcoyote Bobtail Member

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    Feb 10, 2014
    FLORIDA
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    In the last 15 years, I have never failed a drug test, In November I took a random DOT, drug test, it came back positive, the paper work from the testing facility Had the collection site in South Carolina, The test WAS done in Florida, They tested some one else's urine? HOW DO I GET THIS REMOVED FROM MY RECORD?Acording to the regulations the chain of command was compromised WHICH means the test is not valid.so how can I get this right?
     
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  3. fld

    fld Medium Load Member

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    They do send the sample to another lab for the gc/ms test. Are you sure that's not the address that you are seeing?
     
  4. willcoyote

    willcoyote Bobtail Member

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    Feb 10, 2014
    FLORIDA
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    negative, on all of my records of drug test THE COLLECTION SITE is clearly labeled and correct on ALL of the previous test, NOT on this one, THIS test shows COLLETED in S.C . NOT where it was really, collected know your trying to be helpful But I can read, and have done research ,I have also talked to my SAP, therapist, Whom I met as part of my back to duty program, he, also informed me that the test is not valid;
     
  5. Cranky Yankee

    Cranky Yankee Cranky old ######

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    Jan 31, 2012
    Green Bay Wi
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    seems to me your own safety dept could answer this question better then any of us
     
  6. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    TEXAS
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    The people that can help will be The Dept of Transportation, Office of Drug & Alcohol Policy & Compliance.

    Here is the website with the number and email address >> http://www.dot.gov/odapc

    I had a situation very similar to yours and called them. I spoke to the program manager and filed a complaint. They do listen and will try to help you. If I find that persons name and number, I will post it.



    Here is the link, Follow down to the FMCSA and you will see the compliance manager. That is who you need to speak with. Hope that helps you. >> http://www.dot.gov/odapc/agencies
     
    Last edited: Feb 10, 2014
    123456 Thanks this.
  7. fld

    fld Medium Load Member

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    Nov 24, 2012
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    My .02 is just to say that if you need a lawyer, don't hesitate. It's your income.

    I wish you good luck, and please let us know how you resolve this...
     
  8. tirednaz

    tirednaz Heavy Load Member

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    Unless I am mistaken you should have been tested a second time upon the findings of a positive test to ensure the results were correct.
     
  9. willcoyote

    willcoyote Bobtail Member

    5
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    Feb 10, 2014
    FLORIDA
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    First off ,,THANKS TO ALL THE HANDS THAT HELPED, it is appreciated ,,there really isn't a safety DEPT. per say, just the owners wife, she's the one that fired me or told me that she could not put me back to work, I have called a lawyer 3 so far, only found one. Maybe,There isn't enough money in it to help me,MAGGOTS,,any way I will call the FMCSA ,,and try that, When I told the MRO that I wanted another test, I was told that I would have to pay 300 dollars, At that time didn't have the extra cash, hindsight, should of payed it ...I thought it was given free like the first one,,,THANKS again
     
  10. wis bang

    wis bang Road Train Member

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    I get DOT 5 panels for $65.00; it it supposed to be a split sample and you should have been able to ask for a re-test which may have caught the compromised C of C form and the MRO would have had to report a negative result to your employer. Contact the FMCSA.
     
  11. willcoyote

    willcoyote Bobtail Member

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    Feb 10, 2014
    FLORIDA
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    :biggrin_25510:ok ..update, I've completed the back to work process, cost was about a grand, the only reason I went through this, nonsense is my employer said if I did, . They would put me back to work, well they didn't there insurance said they couldn't, put me back to work,YEP insurance companies run this country,
     
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