positive drug test results

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

  1. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
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    I have a hard time believing your statement. We raised the test limits to eliminate second hand smoke many years ago. The only way to test positive is if you ingested THC.

    Any carrier has the right to terminate employment at any time. The retest must be requested by the driver within 72-hours of the initial notification. I also don't believe a boss stated what you say here about a retest. Your only option is to complete the steps in 382.605 and hope to find a carrier that will accept a driver who tested positive in the past. I must tell you though that most carriers won't because from a legal standpoint you have become an extreme risk.

    From a retired federal DOT officer
     
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  3. ladyredrose23

    ladyredrose23 Bobtail Member

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    Dec 14, 2008
    golden valley,Az
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    :biggrin_25526:
    hey fredman1492, here's an info for you,all states can fire you for anything 'BUT' not for the wrong reason and theres more laws covering why you were fired besides your race,gender,age etc.



     
  4. franktaylor

    franktaylor Light Load Member

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    Apr 8, 2010
    manchester, tn
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    i have a question i hope someone could answer. In early oct after coming back to work i was pulled in for a random test. they gave me a urine test. it came back positive for cocaine. evidentally i had a little more of a wild weekend. i'm not denying doing it but i will say i don't remember. again, i know me when i'm really hammered and i'm not going to say i didnt' do it. anyway, to get to the question. i just sent in to get my DAC report and it was on there as an alcohol incident, stating that i blew .04 or higher on a breathilizer, this is not true. however i don't want to call and say anything because i'm assuming a positve alcolhol test is better than cocaine. i'm thinking now where that question is on apps that asks have you ever failed a drug test i am safe to say no.BTW i did all the sap stuff and am approved to go back to work but every app i've filled out so far has asked the drug question and i've answered yes so no one will call me back. i sort of want to call me former company to see if it was the DAC people that screwed up or if my company reported it that way. i was thinking about applying to some more companies and acting as if the drug thing never happened but i'm not sure how to approach this. Should i call my former employer or will that cause them to get the DAC changed? I think i'm bettter off having an alcohol incident over drugs in the long run. anyway, thanks for your input
     
  5. Joescheppae Q

    Joescheppae Q Medium Load Member

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    Aug 20, 2011
    Ply Mtg, PA
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    The Gryphon has his UA 'decoded' thread http://www.thetruckersreport.com/tr...6-dot-drug-and-alcohol-testing-decoded-6.html which will help your cause for the most part.

    I would say you got pretty lucky and would see the mix up as a blessing.

    Because you completed a SAP include the counselors exit assesment as part of an application for employment and never ever admit to incident that is not lstd on your DAC or other documents.
     
    franktaylor Thanks this.
  6. franktaylor

    franktaylor Light Load Member

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    Apr 8, 2010
    manchester, tn
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    thank you joe, i just posted this question on there to get some input. aprreciate the response. i want to start applying to other companies without mentioning the cocaine but not sure at this point
     
  7. CondoCruiser

    CondoCruiser The Legend

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    Tennessee
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    DAC is a private company with only about a third of the trucking companies subscribing to. You ain't gonna get them on a technicality. You have a right to dispute the information and the company has to prove the information correct.
    It's just a clerical error checking the wrong box when they filled out your report.

    On the other hand, regardless of DAC, new employers will fax or email a piece of paper requesting your dates of employment and whether you failed any drug and alcohol test.

    There is no hiding. Employers just don't rely solely on DAC.
     
    franktaylor Thanks this.
  8. btulnut55

    btulnut55 Bobtail Member

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    Mar 15, 2012
    tulsa,ok
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    Hi,first time posting,I recently joined a local truck driving school came to the drug screen and barely flunked the UA, they did a gas spectro. test,just one question am i forever banned from ever getting a truck driving job? I realize i am responsble for my own actions but like the previous post i also was at a party,lots of smoke.didn't realize it could be picked up so easily,so question is am i SOL?
     
  9. Okieron

    Okieron Crusty Okie

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    Dec 23, 2009
    muskogee, ok
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    It's probably gonna take awhile. I think it is a year but db or someone else probably has the exact time frame. I would sure stay clean if this is what you want to do. Pot as mild as it is does not belong in 89 thousand pounds of truck at 70 mph.
     
  10. btulnut55

    btulnut55 Bobtail Member

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    Mar 15, 2012
    tulsa,ok
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    I totally agree,and im not whining just guilty by association,and im sure all trucking cos. have heard that excuse,so i guess i'll pack up and head to the house,was'nt for bad luck would'nt have any at all!!!!!!:biggrin_25526:
     
  11. redworm

    redworm Bobtail Member

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    Apr 17, 2012
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    hey guys... I was working for a state DOT for which i had cdl's for past 5 years. I was subject to random drug tests and for 5 years tested clean. my last test came back positive for thc for whatever reason. i was not driving when i was asked to take the test, had no moving violations or anything like that. Needless to say i was terminated from that job. This was over a month ago, and i have not received anything pertaining to my cdl status. I applied for another job at a company delivering block, and they called me friday saying they were hiring me and they actually went ahead and put 10 brand new tires on what was going to be my truck and told me i started on monday, yesterday. well then they called me back and said that my medical card came back dead. but my card doesnt expire till 2013. so my question is, did the failed drug test terminate my medical card? my cdl? both? if so for how long? how can i get them back? just any info will help, i was under the assumption that my cdl was still good because i have received no info stating otherwise. i really need help on this because this is effecting my livelyhood. if my cdl is revoked i am screwed. .and if it is i really need to know what my next step(s) should be.
     
    Last edited: Apr 17, 2012
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