screwed by DOT rules and regulations

Discussion in 'Trucking Industry Regulations' started by shandala, Oct 18, 2014.

  1. shandala

    shandala Light Load Member

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    somewhere usa
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    My husband had a random drug test yesterday, he's 55 yrs old never done a drug of any kind nor does he drink. He does take blood pressure meds one which has a side effect of dehydration and difficulty urinating. He tried 3 times to urinate and was unable to produce enough urine to fill the container to the mark in 3 hrs. The company said it was a refusal to test and terminated him. He's never lost a job in his life. Any suggestions or advice everything we have found says basically his CDLS are at stake and driving is all he has ever done.
     
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  3. 77smartin

    77smartin Road Train Member

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    I dunno.
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    Call a lawyer...put where you live in your profile. Maybe someone knows one in that area.
     
  4. John Miles

    John Miles Medium Load Member

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    I had trouble one time on a random drug test and they told me to go back in the waiting room and drink as much coffee and water as I could so I could "produce" the amount they needed for the check ... almost didn't make it as they have a time limit for you to produce ... had about 20 minutes left before I could come up with enough of the goods to make them happy ... of I hadn't they would have written a note to my employer that I refused to take the drug screen. As it was, I had drank so much water and coffee in the waiting room, that I had to stop 3 times on the way back to the terminal to relieve myself.
     
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  5. Skate-Board

    Skate-Board Road Train Member

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    Geezus, that blows for sure!

    It won't effect his CDL. They don't take it away for that. They will probably put it on his DAC report though. I'm surprised his company didn't stand up for him knowing the facts.
     
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  6. blairandgretchen

    blairandgretchen Road Train Member

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    Had the exact same experience. Emptied bladder before being told of random.

    Drank loads of water and coffee, took an hour to produce.

    Unloaded 3 times in the next hour.
     
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  7. ShooterK2

    ShooterK2 Road Train Member

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    This is just a personal opinion, but there is NO WAY that I would work for a company that would fire me for something like that. This is one of the most ridiculous things I've ever heard. Sounds like your husband is just a number on a list to them, instead of a real human being. Not being able to empty your bladder within a certain time frame (while under pressure) should NOT be grounds for job termination, in my opinion. He is probably better off now anyway, as any decent company should not hold something like this against him.

    Just my $.02
     
  8. Dr_Fandango44

    Dr_Fandango44 Road Train Member

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    It's not so much being screwed by the DOT, although those people are just as clueless as anyone in Govt or state.
    But I would say you have been screwed by the healthcare industry. This is a classic example of how meds of any description can screw up your health. If at all possible I would get off this poison for lowering blood pressure and find the real reason why your BP is elevated. Drugs don't cure anything, but just mask the symptoms.
    if you haven't noticed, all these drugs create so many problems with side effects, it's outrageous. The public are being bamboozled and conned into taking this stuff without any afore thought.
    As you can tell, I have zero faith and trust in anything the healthcare industry does or advocates.
    Its a bit late now as regards this random test, but you always have to know this stuff for future.
    Im sure he can get another job with his record. But I don't reckon much to any company that can terminate you for such an unfortunate event.
    But should we ever be surprised by the antics of some of these trucking companies.
    Good luck.
     
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  9. blairandgretchen

    blairandgretchen Road Train Member

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    Hopefully a member with the link to the testing rules will post here for you.

    If 3 hours is the limit, then that's it - but I would hope it doesn't class as a refusal - that's a job killer.

    Good luck.
     
  10. shandala

    shandala Light Load Member

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    Thanks everyone we have researched and apparently according to CFR 40 I believe subpart b it's allowed to be listed as a Refusal. Sucks he's worked hard all his life and this is what happens from some snot nose prick who is running step daddy's company.
     
  11. AppalachianTrucker

    AppalachianTrucker Heavy Load Member

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    Unfortunately, this GOTCHA system assumes guilt on the part of drivers.
    Best to contact a lawyer since the medication caused the side effects which led to this wrongful termination.
    Sue the company for lost wages if necessary.

    The company doesn't love you, drivers.
     
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