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  1. #1
    Light Load Member bigrigdriver229's Avatar
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    Driving after DOT/SAP guidelines.

    Ok this is going out to PSANDERSON or to anyone (seriouse replies please) who can help me with the following ISSUE at hand.
    After I get my last meeting in with my SAP (Substance Abuse Professional) and he does his return to duty report to SWIFT and DOT in Washington,DC. I want to know what its going to be like to get into a TRUCK after two yrs reguardless locally or regionally.
    The SAP and the counselor I seen both realize what the mistake was so the procedure was not long at all, only thing that hurt was the out of pocket money I had to pay alomost 600.00 total ( I'll never be late again for a random). I also have a rebuttal in with USIS and they say I have til the end of May/2009 to find out what SWIFT said.
    And by what other drivers told me the Reason why I was REDFLAGGED by SWIFT when all this happened was that the DM had told me over the phone that I had a random coming (so therefore I knew about before i arrived) so that should fall on him . I did not tell USIS that as SWIFT has to prove what went wrong. As I'm told by other drivers they were to tell me to report to the OFFICE first, secure my RIG , then have me proceed to the testing site, that never happened, but anyways...... explain to me the procedures or the rules in the book of return to work status and what I have to put on any future applications reguarding this as its on DAC until I can get it off. As i said SAP and hhis recommendations are DONE just waiting to see his report which is in my favor hes already told me.... Respectfully. and thank you PSANDERSON for all your help and guidance in this whole mess


  2. #2
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    After I get my last meeting in with my SAP (Substance Abuse Professional) and he does his return to duty report to SWIFT and DOT in Washington,DC. I want to know what its going to be like to get into a TRUCK after two yrs reguardless locally or regionally.
    The report doesn't go to DC. While there are plans to have a national drivers database with the driver's medical and D & A testing info there is no such national database today. Some states mandate carrier's report positive drug tests to the state.

    The SAP and the counselor I seen both realize what the mistake was so the procedure was not long at all, only thing that hurt was the out of pocket money I had to pay alomost 600.00 total ( I'll never be late again for a random). I also have a rebuttal in with USIS and they say I have til the end of May/2009 to find out what SWIFT said.
    The SAP should be the counselor. If you're seeing two different people the second one may have been a condition of the SAP.

    I disagree, the procedure will require a minimum of six follow-up tests in the next 12 months.

    40.307 What is the SAP's function in prescribing the employee's follow-up tests?

    (a) As a SAP, for each employee who has committed a DOT drug or alcohol regulation violation, and who seeks to resume the performance of safety-sensitive functions, you must establish a written follow-up testing plan. You do not establish this plan until after you determine that the employee has successfully complied with your recommendations for education and/or treatment.

    (b) You must present a copy of this plan directly to the DER (see 40.311(d)(9)).

    (c) You are the sole determiner of the number and frequency of follow-up tests and whether these tests will be for drugs, alcohol, or both, unless otherwise directed by the appropriate DOT agency regulation. For example, if the employee had a positive drug test, but your evaluation or the treatment program professionals determined that the employee had an alcohol problem as well, you should require that the employee have follow-up tests for both drugs and alcohol.

    (d) However, you must, at a minimum, direct that the employee be subject to six unannounced follow-up tests in the first 12 months of safety-sensitive duty following the employee's return to safety-sensitive functions.

    (1) You may require a greater number of follow-up tests during the first 12-month period of safety-sensitive duty ( e.g., you may require one test a month during the 12-month period; you may require two tests per month during the first 6-month period and one test per month during the final 6-month period).

    (2) You may also require follow-up tests during the 48 months of safety-sensitive duty following this first 12-month period.

    (3) You are not to establish the actual dates for the follow-up tests you prescribe. The decision on specific dates to test is the employer's.

    (4) As the employer, you must not impose additional testing requirements ( e.g., under company authority) on the employee that go beyond the SAP's follow-up testing plan.

    (e) The requirements of the SAP's follow-up testing plan “follow the employee” to subsequent employers or through breaks in service.

    Example 1 to Paragraph(e): The employee returns to duty with Employer
    A. Two months afterward, after completing the first two of six follow-up tests required by the SAP's plan, the employee quits his job with Employer A and begins to work in a similar position for Employer B. The employee remains obligated to complete the four additional tests during the next 10 months of safety-sensitive duty, and Employer B is responsible for ensuring that the employee does so. Employer B learns of this obligation through the inquiry it makes under 40.25.

    Example 2 to Paragraph(e): The employee returns to duty with Employer A. Three months later, after the employee completes the first two of six follow-up tests required by the SAP's plan, Employer A lays the employee off for economic or seasonal employment reasons. Four months later, Employer A recalls the employee. Employer A must ensure that the employee completes the remaining four follow-up tests during the next nine months.

    (f) As the SAP, you may modify the determinations you have made concerning follow-up tests. For example, even if you recommended follow-up testing beyond the first 12-months, you can terminate the testing requirement at any time after the first year of testing. You must not, however, modify the requirement that the employee take at least six follow-up tests within the first 12 months after returning to the performance of safety-sensitive functions.
    You're a driver that tested positive, end of story. Swift has no option but to report to any subsequent employer that you refused a drug test.

    And by what other drivers told me the Reason why I was REDFLAGGED by SWIFT when all this happened was that the DM had told me over the phone that I had a random coming (so therefore I knew about before i arrived) so that should fall on him . I did not tell USIS that as SWIFT has to prove what went wrong.
    Swift has met their obligation, they reported you as a driver that refused to test; therefore, you will be reported as such:

    40.191 What is a refusal to take a DOT drug test, and what are the consequences?

    (a) As an employee, you have refused to take a drug test if you:

    (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see 40.61(a));

    (2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see 40.63 (c)) for a pre-employment test is not deemed to have refused to test;

    (3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; Provided, That an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see 40.63 (c)) for a pre-employment test is not deemed to have refused to test;

    (4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see 40.67(l) and 40.69(g));

    (5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see 40.193(d)(2));

    (6) Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for instance, 40.197(b));

    (7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under 40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test; or

    (8 ) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector).

    (9) For an observed collection, fail to follow the observer's instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.

    (10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process.

    (11) Admit to the collector or MRO that you adulterated or substituted the specimen.

    (b) As an employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.

    (c) As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT agency regulations for a violation of those DOT agency regulations.

    (d) As a collector or an MRO, when an employee refuses to participate in the part of the testing process in which you are involved, you must terminate the portion of the testing process in which you are involved, document the refusal on the CCF (including, in the case of the collector, printing the employee's name on Copy 2 of the CCF), immediately notify the DER by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received. As a referral physician (e.g., physician evaluating a “shy bladder” condition or a claim of a legitimate medical explanation in a validity testing situation), you must notify the MRO, who in turn will notify the DER.

    (1) As the collector, you must note the refusal in the “Remarks” line (Step 2), and sign and date the CCF.

    (2) As the MRO, you must note the refusal by checking the “refused to test because” box (Step 6) on Copy 2 of the CCF, and add the reason on the “Remarks” line. You must then sign and date the CCF.
    (e) As an employee, when you refuse to take a non-DOT test or to sign a non-DOT form, you have not refused to take a DOT test. There are no consequences under DOT agency regulations for refusing to take a non-DOT test.
    The fact you were randomly selected for a test, did not show for the test as required made the test positive.

    As I'm told by other drivers they were to tell me to report to the OFFICE first, secure my RIG , then have me proceed to the testing site, that never happened, but anyways......
    While that maybe true, it is not a fatal flaw and will not result in the test being cancelled:

    40.203 What problems cause a drug test to be cancelled unless they are corrected?

    (a) As the MRO, when a laboratory discovers a “correctable flaw” during its processing of incoming specimens (see 40.83), the laboratory will attempt to correct it. If the laboratory is unsuccessful in this attempt, it will report to you that the specimen has been “Rejected for Testing” (with the reason stated).

    (b) The following is a “correctable flaw” that laboratories must attempt to correct: The collector's signature is omitted on the certification statement on the CCF.

    (c) As the MRO, when you discover a “correctable flaw” during your review of the CCF, you must cancel the test unless the flaw is corrected.

    (d) The following are correctable flaws that you must attempt to correct:

    (1) The employee's signature is omitted from the certification statement, unless the employee's failure or refusal to sign is noted on the “Remarks” line of the CCF.

    (2) The certifying scientist's signature is omitted on the laboratory copy of the CCF for a positive, adulterated, substituted, or invalid test result.

    (3) The collector uses a non-Federal form or an expired Federal form for the test. This flaw may be corrected through the procedure set forth in 40.205(b)(2), provided that the collection testing process has been conducted in accordance with the procedures of this part in an HHS-certified laboratory. During the period August 1–October 31, 2001, you are not required to cancel a test because of the use of an expired Federal form. Beginning November 1, 2001, if the problem is not corrected, you must cancel the test.

    40.205 How are drug test problems corrected?

    (a) As a collector, you have the responsibility of trying to successfully complete a collection procedure for each employee.

    (1) If, during or shortly after the collection process, you become aware of any event that prevents the completion of a valid test or collection ( e.g., a procedural or paperwork error), you must try to correct the problem promptly, if doing so is practicable. You may conduct another collection as part of this effort.

    (2) If another collection is necessary, you must begin the new collection procedure as soon as possible, using a new CCF and a new collection kit.

    (b) If, as a collector, laboratory, MRO, employer, or other person implementing these drug testing regulations, you become aware of a problem that can be corrected (see 40.203 ), but which has not already been corrected under paragraph (a) of this section, you must take all practicable action to correct the problem so that the test is not cancelled.

    (1) If the problem resulted from the omission of required information, you must, as the person responsible for providing that information, supply in writing the missing information and a statement that it is true and accurate. For example, suppose you are a collector, and you forgot to make a notation on the “Remarks” line of the CCF that the employee did not sign the certification. You would, when the problem is called to your attention, supply a signed statement that the employee failed or refused to sign the certification and that your statement is true and accurate. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier.

    (2) If the problem is the use of a non-Federal form or an expired Federal form, you must provide a signed statement (i.e., a memorandum for the record). It must state that the incorrect form contains all the information needed for a valid DOT drug test, and that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances beyond your control. The statement must also list the steps you have taken to prevent future use of non-Federal forms or expired Federal forms for DOT tests. For this flaw to be corrected, the test of the specimen must have occurred at a HHS-certified laboratory where it was tested consistent with the requirements of this part. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier.

    (3) You must maintain the written documentation of a correction with the CCF.

    (4) You must mark the CCF in such a way ( e.g., stamp noting correction) as to make it obvious on the face of the CCF that you corrected the flaw.

    (c) If the correction does not take place, as the MRO you must cancel the test.
    explain to me the procedures or the rules in the book of return to work status and what I have to put on any future applications reguarding this as its on DAC until I can get it off.
    You will never get it off your record, you failed to show for the test, it's a done deal. YOU TESTED POSITIVE!

    Swift is required by the Federal guidelines to report it as a positive test to any subsequent employer when asked.

    If you falsify your application and fail to list Swift as a previous employer you maybe prosecuted for Part 390.35:

    390.35 Certificates, reports, and records: Falsification, reproduction, or alteration.

    No motor carrier, its agents, officers, representatives, or employees shall make or cause to make—

    (a) A fraudulent or intentionally false statement on any application, certificate, report, or record required by part 325 of subchapter A or this subchapter;

    (b) A fraudulent or intentionally false entry on any application, certificate, report, or record required to be used, completed, or retained, to comply with any requirement of this subchapter or part 325 of subchapter A; or

    (c) A reproduction, for fraudulent purposes, of any application, certificate, report, or record required by this subchapter or part 325 of subchapter A.
    I can attest to one driver being terminated and prosecuted when the DOT discovered the driver falsified the application by failing to list the company where he tested positive.

    As i said SAP and hhis recommendations are DONE just waiting to see his report which is in my favor hes already told me....
    40.285 When is a SAP evaluation required?

    (a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.

    (b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.
    The SAP may understand your problem; however, the SAP is required by Part 40 to mandate the six folow-up tests and ensure you complete the program. If you miss one of the follow-up tests you start from square one. See another SAP, etc.

    You will not be hired by another reputible carrier for some time, at least 12 months. Depending on the job market it maybe years....

    You will have to report the refused test to any future DOT employer.

    Better buckle up it's going to be a very bumpy ride!

    Be safe.
    Last edited by Mike_MD; 05.09.2009 at 11.38 PM. Reason:: Fixed some typos

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  4. #3
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    long story short your F ed to many drivers not enough freight its time to find something else to do

  5. #4
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    You'll never work for a bottom feeder OTR company but your career isn't over . I worked for a company that had a driver test positive and they put him back to work when he was qualified after following proper procedures . Apply for jobs with smaller companies and explain the situation . Maybe get your own authority and get into hotshotting .

  6. #5
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    I can't attest to your problems obtaining a driving job again because I retired in December, 2005 and because I didn't hire drivers for a motor carrier as a federal agent, but it appears as though with the economy it will be a tough road to climb. As for the rest, Mike MD has hit the nail on the head. You waited too long to seek the SAP help which according to other posts here will require you to go through some type refresher training with the bottom feeders assuming one of these carriers will accept you with the refusal on your record. Then, assuming one will accept you, there will probably also be some kind of stipulation that you pay for the follow-up tests.

    Perhaps this is a good time to also warn newer drivers again to read and understand the rules as I've stated many times. That little green book published by J.J. Keller that motor carriers issue to drivers can be your best friend, or your worst enemy to which you can readily attest.