i reported to a company to get employment and failed the drug screen. now they say i have to go to sap and this and that to go back to work. i failed for marijuana and hadn't been smoking. i was around others that had and the doctor said it was around that point but was over the limit. i then told him to send off the split specimen to see how that goes. i am trying to find out what legal actions i can take with this to prevent lose of time and money and if the second comes back negative what actions i can take and what legal rights i have to obtain the information of the amounts of detectable substance in my system. and what all i can do to prevent this from going on my dac and trying to get around this altogether. i have been driving over four years and had over 10 jobs. i have never failed a drug screen so i am having a hard time with this. anyone with knowledge on this subject it would be greatly appreciated

Thou shalt not double post the same subject in the forums.

The only advice I can give is .... choose your friends wisely!

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Can't help much.Go to the FMCSA website.Under search,type in 382.405.Access to faciltities and records.That should help you on your DAC question.From my point of view, your drug test results are confidential unless you sign a release form.The only ones that have access to this information would be your employer and an adminstrative or law judge.So,without your written consent,USIS(DAC report)should not be able to post the test results and it would be illegal for them or your employer to do so.While at FMCSA,type in,40.321.Procedures for transportation workplace drug and alcohol testing.This might also give you some guidance.Last thing,go ahead and have the other specimen tested.It might come back the same,it might not.In the future don't be quick to state that you were hanging around friends that smoke pot.There are a few things that are legal and cause a false/positive for THC.Do a search on the net under false/positive drug test results.

Just like "witchwatwest" says look into the FMCSR. This is a good example why you should have the little green pocketbook at your hand. My own personal opinion here is why would you hang around with a bunch of people that's smoking dope in the first place. I don't think that works anyway. If you wany you job I'd do what they would want me to do.

all i know is that i DON'T smoke DOPE either but when i did my pre employment i failed also all i know is that i was and still am taking over 2400 mgs of IBUPROFEN 4 to 5 times daily for my lyme disease that i get from my doctor also take loratabs that are from my doctor now the loratabs did not come up when i told this to the so called doctor that i was taking over 2400 mg of the IBUPROFEN and that was what came up in my drug test he told me no that they do a i only fail by .50 and the cut off is .15 now i have to go thru the sap. i know that i have to do this and i am also wondering who will hire me after i do this and body HELP also josmo who did you use for your SAP and if you dont mind me asking how much did he charge i have this one here in johnson city wants almost 200 down and then a follow up for another 150 sound like he is trying to take avantage of me well i will take what anyone has to offer thanks drivers

Well im not going to say you do,,, but, i worked with a guy that failed a random drug test twice and he also stated the same aliby i was only with friends that was smoking it.. In reality he was smoking dope after all, the next employer new about all this and made him go once a month for a drug test to make sure he was clean,, any failures and he would have been fired,, this guy finally decided the drug tests were enough and quit.. he had started his own bussiness , but once again the past repeated itself and he was in trouble once again,, which is a shame cause he was a nice guy. Good luck to you.

If your around friends smoking dope.....make sure it's outside!

What lab did your test? I mean the processing lab, not the collection site. Also, who was your MRO? I had the same thing happen to me and recently located a driver across the country with the same story. As it turns out, we were processed by the same lab and MRO. Even though we live across the country from one another. I am trying to determine if false positives have any connections. If they do, we can fight them.

God Bless!

If the initial testing was positive then rest assured the split will be positive!

I have a hard time believing your entire statement in that a number of years ago we changed the test results to eliminate a positive for THC (the chemical tested to prove MJ). FYI: The test levels are in the rules (part 40). The preliminary cut-off level is 50ng/ml (nanograms/milileter). If you have that much the confirmation test is 15ng/ml. And as I said, any amount in a split is a positive. The bottom line is that the only way you tested positive for THC, and there is no doubt in my mind when I say this, is if you ingested some into your system.

The SAP route is the only way to return to driving (read 382.605)

As far as a DAC report; it will only go on DAC if the carrier is a customer of DAC. But DAC is not your problem. The mandated past employment checks are, even if your previous employer was not a customer of DAC. Potential carriers are required to ask your previous carrier(s) if you tested positive in a 3-year (the rules were changed to 3-years about 6-years ago) period.

From a retired federal DOT official