Follow Up when regulations matter

That's a horrible outcome when they were obviously in the wrong. It's a very good example on how the driver or O/O can get screwed. Everyone should know that the FMCSA is there to establish rules and regulations and NOT there to protect you. You need a good lawyer that knows how to use the FMCSA's rules and regulations to protect you in court.

I do not know all the details in this case but if your husband started the test and was unable to provide a sample it's very clear that they did not follow the regulation §40.193 (b) (2). It reads that he has up to 3 hours to provide the specimen and if he can't then it's not a refusal and they have to make on the CCF what happened and inform the employee of the time when the 3 hour time started and ended. If he just left then that's a different story but I don't believe any lab can call it a refusal just because they are closing. And it sounds like they did not follow many of the regulations.

Even the courts at times will not have any clue on how the FMCSA works. That's why a good truck lawyer is needed.

I'm sorry that your life was turned upside down.

 

I can't even put in words how mad this makes me!! I had no idea how much of a raw deal truckers get until I entered this industry! Would really like to hear an update on this!

 

Perhaps a clinic, I doubt he was sent to a laboratory. Clinics send samples to labs via over night carriers.

Technically the employer didn't do anything wrong. The collection site was in error not the employer.

Whose deposition? A representative of the clinic or the employer? Who took the deposition? Your attorney or ????

Where was you husband's copy? The CCF form is a five part carbonless form. FYI, there is no record retention requirements for the clinic, laboratory, or MRO. Part 40 and 382 requires the employer to retain the records.

It appears you have mis construed the regulations. Only positive results must be maintained for five years. Negative test have to be kept for one year.

Unless the employer collected the urine sample, the employer made no mistake. The clinic made the mistake.

Did you ever make a written complaint? All complaints must be in writting or to the DOT safety line at 1-888-DOT-SAFT. Once a complaint has been filed the FMCSA has 90 days to investigate. Numerous MRO's, urine collectors, and breath collectors have been investigated.

Did you call your congressman/woman? Did you call OOIDA?

Once you felt you were being brushed aside you should have stepped up the process a knotch or three. The key is written complaint, not a phone call. Phone calls are hearsay and cannot be used in court.

Not true, employers are penalized frequently for D & A testing:

There has probably been occassions when things went wrong and drivers were victims of circumstance. However, the number of drivers removed from the highway who deserved to be removed is significant.

It appears you neglected to use all of the resources available to challenge what you considered to be a mishandled test. There are many legal services offered pro-bono, our elected official are here to serve, letters are viable proof a request was made especially when sent registered mail.

I understand your duress; however, other drivers would be better advised on what steps you missed and not to repeat your mistakes.

Be safe.