Trucking Jobs New Driver Jobs Flatbed Jobs Tanker Jobs Refrigerated Jobs Auto Hauler Jobs
Page 9 of 77 FirstFirst ... 78910111959 ... LastLast
Results 81 to 90 of 769
  1. #81
    Bobtail Member
    Member Since
    Jan 2012
    Location
    palm beach gardens, Florida
    Trucker?
    0-1 Year
    Posts
    4
    Thanks
    0
    Thanked: 0 Times

    Prescription drug question

    Thanks for your service, I am a newbie and will be attending my first orientation in about three weeks .I have been under Dr. care for everal years receiving oxycodone on a daily basis as well as when I go to sleep I take a muscle relaxer tizanidine amd a arthritic drug called zonegran .I have read in the fmcsa rule 391.41(b)(12) with exception if .....such drug is prescribed by licensed medical practitioner familiar with the drivers history and has advised the driver that the prescribed substance will not adversely affect the drivers ability to safely operate a commercial vehicle.
    Now I can understand that I won't pass my drug test if I continue to take the oxycodone, but in your opinion will I be able to continue the use of the other two that I take when I sleep??
    I dont believe that these will show up on the drug screen as they are neither opiates, benzos, or amphetamines.
    Also say I stop using the oxycodone a week prior, my urine is clean and my company does a hair follicle test as well. When the MRO contacts me , about the opiate presence in the hair follicle, will my referral to mt prescribing physician clear me since hair has a 90 day window??

  2. #82
    Medium Load Member The Gryphon's Avatar
    Member Since
    Nov 2011
    Location
    Blue Springs, MS
    Trucker?
    2 Years
    Posts
    473
    Thanks
    110
    Thanked: 150 Times
    Quote Originally Posted by soflaron View Post
    Thanks for your service, I am a newbie and will be attending my first orientation in about three weeks .I have been under Dr. care for everal years receiving oxycodone on a daily basis as well as when I go to sleep I take a muscle relaxer tizanidine amd a arthritic drug called zonegran .I have read in the fmcsa rule 391.41(b)(12) with exception if .....such drug is prescribed by licensed medical practitioner familiar with the drivers history and has advised the driver that the prescribed substance will not adversely affect the drivers ability to safely operate a commercial vehicle.
    Now I can understand that I won't pass my drug test if I continue to take the oxycodone, but in your opinion will I be able to continue the use of the other two that I take when I sleep??
    I dont believe that these will show up on the drug screen as they are neither opiates, benzos, or amphetamines.
    Also say I stop using the oxycodone a week prior, my urine is clean and my company does a hair follicle test as well. When the MRO contacts me , about the opiate presence in the hair follicle, will my referral to mt prescribing physician clear me since hair has a 90 day window??
    The MRO process is designed to allow for folks to take prescription medication when theey have a legitimate prescription from a licensed physician.

    So, as long as you're taking your medication for a legitimate medical purpose with a prescription in your named written by a licensed physician, the MRO should direct that the result be reported as a NEGATIVE.

    Remember, the MRO process is designed to allow for the legitimate medical use of drugs and to protect your medical privacy in the process.

  3. #83
    Trucker Forum STAFF rookietrucker's Avatar
    Member Since
    Jul 2007
    Location
    TEXAS
    Trucker?
    Trucking Industry
    Posts
    9,596
    Thanks
    4,639
    Thanked: 6,279 Times
    Quote Originally Posted by The Gryphon View Post
    § 40.151 What are MROs prohibited from doing as part of the verification process?

    As an MRO, you are prohibited from doing the following as part of the verification process:
    (e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.)

    Therefore, Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.
    Great to have someone on the forum knowledgeable on these regulations.

    Now to my question,

    We had a driver who failed a pre-employment drug test. He passed the initial in house drug test. The specimens were sent to the lab and apparently failed for THC. Three days after his drug test he was told by a company person he passed. Three weeks later, they called him to the yard and was told he failed the laboratory test. Fired him on the spot. Company told him the MRO does not have to call him. Since it was a positive on THC and their is nothing that would cause this.

    I'm curious if this is actually legal for them to do ? MRO never called him and some time has passed before the company said anything. Is their any legal or no legal recourse for this driver ? If so, What are the steps he should be doing ?

    I think someone dropped the ball and I would have questioned the validity of the tests. IMO

  4. #84
    Defender of the Driveline SmoothShifter's Avatar
    Member Since
    Sep 2010
    Location
    Cohoes, NY
    Trucker?
    34 Years
    Age
    53
    Posts
    519
    Thanks
    140
    Thanked: 513 Times
    Quote Originally Posted by rookietrucker View Post

    We had a driver who failed a pre-employment drug test. He passed the initial in house drug test. The specimens were sent to the lab and apparently failed for THC. Three days after his drug test he was told by a company person he passed. Three weeks later, they called him to the yard and was told he failed the laboratory test.

    I'm curious if this is actually legal for them to do ? MRO never called him and some time has passed before the company said anything. Is their any legal or no legal recourse for this driver ? If so, What are the steps he should be doing ?

    I think someone dropped the ball and I would have questioned the validity of the tests. IMO
    I guess the burning question is, was he clean? No adulterating, hydrating or other ways of trying to pass the first screen?

    I'm not sure of the process from the "in-house" test. I don't see where you can do a basic test to clear a person to drive, and then send it off for a confirmation. So, I'm a little fuzzy on that.

    I could see if you passed a U/A and then a hair follicle test came back showing drug use outside of the window, but that is only a company policy requirement.

    If he was squeaky clean, he should starting fighting tooth and nail to get that thrown out. I would demand a re-test of the split sample (there was a split sample, correct?)

    If he wasn't, I don't know if you can get it thrown out on a technicality. Dirty piss is dirty piss.

    An MRO should have attempted to make contact. I would ask for records that an MRO made a phone call and couldn't get through, etc.

    Fired him on the spot. Company told him the MRO does not have to call him. Since it was a positive on THC and their is nothing that would cause this.
    I had a positive on THC and my phone rang. I think that's BS.

  5. #85
    Trucker Forum STAFF rookietrucker's Avatar
    Member Since
    Jul 2007
    Location
    TEXAS
    Trucker?
    Trucking Industry
    Posts
    9,596
    Thanks
    4,639
    Thanked: 6,279 Times
    Quote Originally Posted by SmoothShifter View Post
    I guess the burning question is, was he clean? No adulterating, hydrating or other ways of trying to pass the first screen?

    I don't know, says he was

    I'm not sure of the process from the "in-house" test. I don't see where you can do a basic test to clear a person to drive, and then send it off for a confirmation. So, I'm a little fuzzy on that.

    Says the clinic took a sample from the cup and tested it. It read negative on all 7 and got a copy from the nurse, of this results. Then they poured the remaining into split samples.

    I could see if you passed a U/A and then a hair follicle test came back showing drug use outside of the window, but that is only a company policy requirement.

    If he was squeaky clean, he should starting fighting tooth and nail to get that thrown out. I would demand a re-test of the split sample (there was a split sample, correct?)

    If he wasn't, I don't know if you can get it thrown out on a technicality. Dirty piss is dirty piss.

    While I agree but I disagree on this. Lawyers get things thrown out of court all the time on technicalities. I see this no different.

    An MRO should have attempted to make contact. I would ask for records that an MRO made a phone call and couldn't get through, etc.

    Says he has made a request but yet to receive anything.

    I had a positive on THC and my phone rang. I think that's BS.
    I know he is not a happy camper and this puts him out of service til he completes a SAP.

  6. #86
    Defender of the Driveline SmoothShifter's Avatar
    Member Since
    Sep 2010
    Location
    Cohoes, NY
    Trucker?
    34 Years
    Age
    53
    Posts
    519
    Thanks
    140
    Thanked: 513 Times
    Quote Originally Posted by rookietrucker View Post
    I know he is not a happy camper and this puts him out of service til he completes a SAP.
    Yeah, which ain't cheap. I'm looking at $600 for the SAP, and "education class" and then the cost of 6 supervised randoms in the upcoming year, at about $60 a crack. And.... that's a bargain compared to what some people paid. It's why I'm going back to NY in April, because a SAP down here is close to $1500 and they want me to see a counselor for 5 sessions. Then the $360 for drug tests, providing they only do a 1 year follow up program. They can whizz-quiz you for up to 5 years if they see fit. You have to take the minimum of 6 for the first year.

    And by the way, once you choose an SAP, and they pull your records from the previous employer, you can't change or get a second opinion because you don't agree with their "treatment recommendations".

    This is why I am a big fan of hair follicle testing on the side of the return to duty process. You can show non-drug use as far back as you're willing to grow your hair.

    *****

    Then, unless the original carrier takes him back, it's a long road to find someone who will hire him with it on his record. Myself, I have 2 options. One is a previous employer where I was in good standing and experienced, (middle pic on my sig) the other is back to being an O/O. I'm hoping the carrier gives me a swat at it, but all I can do is cross my fingers.

    So, in a nutshell, if he is 100% sure he was clean, he should fight and exhaust every resource he can....

    The cost of validating that split sample will be a lot less than the SAP, and lost income. Plus, if he clears his name, he can get the carrier for wrongful termination, and probably recover his lost wages, and other associated costs. He could probably get his job back - not saying that he wants it.

    Gryphon will probably be a much better source of the 7 panel "pre-screen" and what the cutoffs are. Once again, if he has a slip stating clean for it, I would use that.

    If he used his cell phone number for the chain of custody form, download the call history for the period from the date of test to 3+ weeks forward, so you can prove no attempted contact was made.

    He does have a copy of the chain of custody form, I'm assuming. I hope so.

  7. The Following User Says Thank You to SmoothShifter For This Useful Post:


  8. #87
    Medium Load Member The Gryphon's Avatar
    Member Since
    Nov 2011
    Location
    Blue Springs, MS
    Trucker?
    2 Years
    Posts
    473
    Thanks
    110
    Thanked: 150 Times
    Quote Originally Posted by rookietrucker View Post
    Great to have someone on the forum knowledgeable on these regulations.

    Now to my question,

    We had a driver who failed a pre-employment drug test. He passed the initial in house drug test. The specimens were sent to the lab and apparently failed for THC. Three days after his drug test he was told by a company person he passed. Three weeks later, they called him to the yard and was told he failed the laboratory test. Fired him on the spot. Company told him the MRO does not have to call him. Since it was a positive on THC and their is nothing that would cause this.

    I'm curious if this is actually legal for them to do ? MRO never called him and some time has passed before the company said anything. Is their any legal or no legal recourse for this driver ? If so, What are the steps he should be doing ?

    I think someone dropped the ball and I would have questioned the validity of the tests. IMO
    An "in-house test" is meaningless as far as DOT is concerned. All DOT-regulated tests must be performed by a certified laboratory.

    As for whether the driver should have been contacted by the MRO, yes he should have been contacted by the MRO.

    That said, there is only one drug that I am aware of that will result in a positive for THC that meets the standard of having a "legitimate medical use" as far as a DOT MRO is concerned.

    So, while the MRO should have contacted the donor, it probably would not have changed the outcome of the test.

    In the THOUSANDS of results that I have personally handled, I have NEVER seen a validated "false positive" for THC from a certified lab.

    So, regardless of what your driver says, or whether or not the proper MRO process was followed, it's EXTREMELY UNLIKELY that the lab test result is incorrect.

    BUT, your driver can request to have a test done on "Bottle B" of the split specimen. That's almost always done at the donor's expense and I've never seen one come back that didn't confirm the original result. But it's the donor's right to have that test conducted if they wish.

    If they do request a "Bottle B" test, that specimen will be sent from the original lab to ANOTHER certified lab for testing. And as I said, all costs for the testing (including any shipping or other fees charged by either or both labs) is usually at the donor's expense.

  9. The Following User Says Thank You to The Gryphon For This Useful Post:


  10. #88
    Defender of the Driveline SmoothShifter's Avatar
    Member Since
    Sep 2010
    Location
    Cohoes, NY
    Trucker?
    34 Years
    Age
    53
    Posts
    519
    Thanks
    140
    Thanked: 513 Times
    WHO REVIEWS AND INTERPRETS THE LABORATORY RESULTS?
    All drug test results are reviewed and interpreted by a physician (Medical Review Officer (MRO)) before they are reported to the employer. If the laboratory reports a positive result to the MRO, the MRO contacts the driver (in person or by telephone) and conducts an interview to determine if there is an alternative medical explanation for the drugs found in the driver's urine specimen. If the driver provides appropriate documentation and the MRO determines that it is legitimate medical use of the prohibited drug, the drug test result is reported as negative to the employer.

    PRE-EMPLOYMENT: This test is required and negative results must be received before a motor carrier allows a driver to perform a safety sensitive function. The pre-employment test is only required for controlled substances. Alcohol testing is permitted.

    WHAT ARE THE CONSEQUENCES OF A POSITIVE DRUG TEST?
    A driver must be removed from safety-sensitive duty if he/she has a positive drug test result. The removal cannot take place until the MRO has interviewed the driver and determined that the positive drug test resulted from the unauthorized use of a controlled substance. A driver cannot be returned to safety-sensitive duties until he/she has been evaluated by a substance abuse professional, has complied with recommended rehabilitation, and has a negative result on a return-to-duty drug test. Follow-up testing to monitor the driver's continued abstinence from drug use is also required.

    I'm not sure what happens in the event an MRO cannot get a hold of the driver. They are supposed to attempt it.

    Quote Originally Posted by The Gryphon View Post
    An "in-house test" is meaningless as far as DOT is concerned. All DOT-regulated tests must be performed by a certified laboratory.
    Then in essence, the driver shouldn't have been in the truck for the 3 weeks to begin with. Every job I ever applied for, I couldn't drive the rig until the test came back negative from the lab.

    Last gig I had, they had us on the warehouse floor until the drug screens came back. We could move the trucks around and spot trailers, etc. - but we had to stay on private property.

    As for whether the driver should have been contacted by the MRO, yes he should have been contacted by the MRO.

    That said, there is only one drug that I am aware of that will result in a positive for THC that meets the standard of having a "legitimate medical use" as far as a DOT MRO is concerned.

    So, while the MRO should have contacted the donor, it probably would not have changed the outcome of the test.
    And that's the whole thing in a nutshell. I have had quite a few conversations outside of TTR with people, including HR and safety folks. I've been in the business for many years, and I know a few people. Typically, when someone is dinged for a true false positive, they will howl like a wolf caught in a trap. Instantly demand a second test, hire lawyers, etc.

    No offense to you, rookietrucker, or your friend, but this...

    I know he is not a happy camper and this puts him out of service til he completes a SAP.
    ...kind of makes me want to lean towards the fact that he was under the threshold for the "pre-screen", but then when they broke it down in the lab, found out what was really going on.

    In the THOUSANDS of results that I have personally handled, I have NEVER seen a validated "false positive" for THC from a certified lab.

    So, regardless of what your driver says, or whether or not the proper MRO process was followed, it's EXTREMELY UNLIKELY that the lab test result is incorrect.

    BUT, your driver can request to have a test done on "Bottle B" of the split specimen. That's almost always done at the donor's expense and I've never seen one come back that didn't confirm the original result. But it's the donor's right to have that test conducted if they wish.

    If they do request a "Bottle B" test, that specimen will be sent from the original lab to ANOTHER certified lab for testing. And as I said, all costs for the testing (including any shipping or other fees charged by either or both labs) is usually at the donor's expense.
    Like I said in a previous post, if sample "B" would come out clean, I would pay all the costs, because in proving my innocence, my life is going to be a whole lot easier than not bothering and having the black eye that won't heal.

    He can get the carrier on a technicality for wrongful termination, but a requirement would be that he proves he was clean, and that would be by testing sample "B" elsewhere.

    As long as sample "B" confirms what sample "A" did, they can fumble the ball all they want, and you can't nail them on a technicality and get it tossed out.

    I wasn't given a list of SAP's upon my termination. They are supposed to do it "by law", but didn't bother. And, I didn't make too many waves about it, because even though I failed the U/A, I still list my transportation manager there as a reference, because I worked my butt off and did a good job.

  11. The Following User Says Thank You to SmoothShifter For This Useful Post:


  12. #89
    Trucker Forum STAFF rookietrucker's Avatar
    Member Since
    Jul 2007
    Location
    TEXAS
    Trucker?
    Trucking Industry
    Posts
    9,596
    Thanks
    4,639
    Thanked: 6,279 Times
    Thank You both for the responses, I'm sure by now he is aware of what he needs to do and I will try to guide him to this thread. He's not even answering his phone, emails or messenger.

  13. #90
    Road Train Member Bigarmin88's Avatar
    Member Since
    Aug 2008
    Location
    Tampa Bay Fl
    Trucker?
    EX-6 Years
    Posts
    1,779
    Thanks
    219
    Thanked: 359 Times

    USA

    I have a question,I had a tooth pull out and the Dentist give me Ibuprofen and one other antibiotic pill(can't recall the name starts with a "A').I'm starting a new job next week and of course I gotta do DOT drug test,will Ibuprofen show up my pee pee test?I also take high blood pressure pill also but I'm not worry about that one.

Page 9 of 77 FirstFirst ... 78910111959 ... LastLast