You can't go outside and wait, that is leaving the site and will be a refusal to test. Same as not showing up at all, a refusal to test will result in thousands of dollars spent on a substance abuse professional and disqualify your CDL priviledge until completed. Even after many companies won't take you on for a few years.
I don't remember if you have your own authority, thinking you do, and if so you can play dumb a bit because the notifications have some wiggle room built in for the designated employer representative (which by law needs to be someone other than you as the owner operator or it will be treated just as an employee driver) to get a driver near a collection site before notification. If you are a leased or employee driver and the motor carrier (or consortium if not using a seperate person as the DER) notified you of the random and you did not immediately go submit a sample you are already in violation and can be reported as a refusal to test.
Now that the clearinghouse is operational refusal to test will be caught more often, and the FMCSA has direct knowledge of refusals now which can result in more out of service orders being issued. Once the state licensing agencies comply with queries to the clearinghouse refusals and positives (which are the same thing in the eyes of DOT) it will result in automatic disqualification and downgrade of CDL licenses.
Go take the test, do not call your consortium or they will be required to report the non-compliance with the random test order to the clearinghouse since as the driver you were obviously notified of the test requirement and did not immediately comply. They do not have the power to tell you you can skip or reschedule the test unless you can provide a valid reason the driver is not available to test, and not wanting to be where sick people could be is not a vaild reason to refuse a test.
Random... Do I have to go?
Discussion in 'Ask An Owner Operator' started by Dino soar, Mar 20, 2020.
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@brian991219
Yes I do have my own authority.
I'm not concerned with being able to get the test done in time, I just really don't want to be around sick people.
My father is 92 years old who is being taken care of by my 61 year old sister.
If anything happens I need to be able to get over there and take care of him and limiting my exposure is the best thing that I can do.
Is there anyway I can take the test at home, or is there some other place that I can go to that's more of a one-on-one thing or???
I don't want to ignore the notice but what happens if I do?
I understand the rules, but refusing the test under these circumstances seems reasonable.
And I'm not refusing it I just want to take it in a different setting.
Can I tell them I feel sick and I think I may have the Coronavirus?Last edited: Mar 22, 2020
Mollythecow Thanks this. -
Shouldn't these so called collection points be giving up their medical supplies to the health care facilities that are on the front lines fighting this deadly virus?
Just wondering -
Well....everywhere you go sick people exist......did you git er done?
Mollythecow Thanks this. -
I just had a random recently. It really wasn't anybody in the clinic but of course I went early. I didn't have to go to concentra....our company has a different clinic for testing
Dino soar Thanks this. -
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The strain that the coronavirus is placing on medical facilities is making it more difficult for carriers to fulfill some of the regulations for keeping drivers on the road legally and may require more action from federal regulators.
Dino soar Thanks this. -
It may seem reasonable to you at this time to put off the test, and I understand your concerns -some which are valid with your father- however the rules do not make an exception and until the FMCSA decides to suspend the drug testing rules you still need to comply or face the consequences.
There are no self-collect options as this would make it easy for abusers to submit altered samples (NOT saying you are trying to fake the test) but the test must be collected by an approved technician at a place your drug testing consortium has approved. There simply is no legal way around this.
My best advice is to look at the approved collection locations listed when the consortium notified you of the test and pick the one least likely to have a lot of traffic and/or ill people at it. Example, if given the choice between a hospital collection site and an occupational medicine place like Concentra, take the occupational medicine site. If given the choice between one in a rural or city environment, take the rural location -preferably in a county that has not had a COVID-19 case yet.
I understand your concerns and wish I had better options to give you but unfortunately I do not. Look for the lowest traffic collection site you can use and take basic precautions to protect yourself. Be mindful of what you touch, wash your hands before and after your visit, etc. I wouldn't bother with a mask and be careful of excessive hand sanitizer use as it may contaminate the urine sample by showing as an adulterated specimen. -
adayrider Thanks this.
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G13Tomcat Thanks this.
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