MRO, reported script as positive, now what?

Discussion in 'Questions From New Drivers' started by deepseajb, Mar 4, 2012.

  1. joplinlocal

    joplinlocal Light Load Member

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    If I were in your shoes and were told this by the administrator when starting class... I would have loudly yelled for a refund and took my business elsewhere. To act like that goes way... way beyond "unprofessional". It clearly reflects the administrator's... and the school's... "ethics". If they act like that going in... I can just imagine how they'll act in helping you find employment.

    I once worked for a company that "loved" to spread the word around about employees being fired days before it would happen. Everyone knew except for the poor souls getting the boot. Really... really sad.

     
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  3. ecmcintosh

    ecmcintosh Light Load Member

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    We did drug testing/DOT physicals and got our cards the first day at school. There was even some random testing done during the 3 weeks there.
     
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  4. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    I'm not sure why the MRO did not call you and verify your prescription medication. Like someone stated earlier, if this was a DOT test. The MRO has to report negative results to the FMSCA database, after verifying with you first. The only one that can get this reversed, is the MRO. I have a friend who is in a similar situation as yours, the MRO did the same thing. Failed to call him and the company fired the guy 3 weeks later. Since the MRO failed to follow proper protocol per regulations, You can get this thrown out but it will take the act of a attorney.

    If your interested, I will call my friend and get the attorneys number. Send me a PM and what it's about.
     
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  5. deepseajb

    deepseajb Bobtail Member

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    Feb 29, 2012
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    I know now that giving or showing my scripts on test day throws a kink in the system. This was the first time I did that and first error I have encountered.

    Can you direct me to the title in FMCSA where it states the MRO reports it to someone other than the requesting entity?

    I have made a few calls to them with no returns.
     
  6. deepseajb

    deepseajb Bobtail Member

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    I would have left the program, but it was paid for by the state. If you quit a state ran program you can lose any and all state benefits or services.

    Unprofessional is not the word, I was amazed, floored, shocked I could nt believe what was going on. Did I mention I have about 20 years in commercial construction. Things people do dont shock me very often.:biggrin_2558:

    Thanks

    Be Safe
     
  7. Doc40

    Doc40 Bobtail Member

    40.23 What actions do employers take after receiving verified test results?
    a) As an employer who receives a verified positive drug test result, you must immediately remove
    the employee involved from performing safety-sensitive functions. You must take this action upon
    receiving the initial report of the verified positive test result. Do not wait to receive the written report or the
    result of a split specimen test.
     
  8. Doc40

    Doc40 Bobtail Member

    40.26 What form must an employer use to report Management Information System
    (MIS) data to a DOT agency?
    As an employer, when you are required to report MIS data to a DOT agency, you must use the
    form and instructions at appendix H to part 40. You must submit the MIS report in accordance with rule
    requirements (e.g., dates for submission; selection of companies required to submit, and method of
    reporting) established by the DOT agency regulating your operation.

    Go to this web site it can answer all you questions on DOT drug testing.
    http://www.dot.gov/odapc/NEW_DOCS/part40.html
     
  9. Gizmo_Man

    Gizmo_Man Road Train Member

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    Sorry, I did not take the time to read the link, but let's all remember, that the o/p to this thread is in school, not officially employed, so here in lies the important part.

    As a school they MUST follow DOT regulations pertaining to pre-screening and random testings. But other than the DOT, who would they report it to.??

    DAC?? I hardly think so, but we can never be too sure either.

    Can they report it to any potential employer?? I hardly think so, but we can never be too sure of this as well.

    But I'll say this much, IF IT WAS a trucking company SPONSORED school, then it will be reported to that company.

    If it WAS a trucking company school, like say for instance, CR ENGLAND, Swift, Werner, then he'd be tossed out.

    As it stands, the school MUST remove him from the attendance rolls, and HE MUST go to a SAP Program and pay that on HIS DIME, get "approved" and go back to school. I had a phone conversation with a buddy of mine late last night, that is involved in training.
     
  10. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    I think you just got your first lesson about regulations in the transportation industry, part of the shark pool I call it. Most if not all this information is available online to you at no cost. You can call the MRO til the cows comes home but it's not gonna do a bit of good. The only way your going to get that MRO's attention, is with a attorney. You will also will be unemployable til you either go through SAP or get this decision reversed. Personally, I would get a attorney involved if you care to use your CDL.

    I'm not going to do your home work for you but I will provide a few links for your reading. Just from using google, I was able to pull these links for you.


    49 CFR Part 40 Covers everything about this regulation

    Procedures for Transportation Workplace Drug and Alcohol Testing Programs This is a question and answer with .pdf's

    http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.htm

    http://www.dot.gov/odapc/oamanagers.html You can call and make a complaint with FMCSA Enforcement & Compliance Office, I would still advise hiring a attorney.

    http://www.workplace.samhsa.gov/Dtesting.html

    From what I read, two regulations were broken and maybe more. Like I said, do your homework and get a attorney involved.
     
  11. deepseajb

    deepseajb Bobtail Member

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    Feb 29, 2012
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    Ok hmmmmm.

    Gizmo, Doc are you telling me the MRO reports all positives from prescription meds legally taken under the supervision of a Dr. to DOT.

    I called DOT and was told they do not require MRO's, Companies, Schools to report anything to them about drug screens.

    I called FMCSA and received some info but, ended up with the transfer, please hold, transfer, please hold, voicemail and ultimately heard crickets. Zero, Zilch, NaDa.


    It has begun to get frustrating as if it wasn't from day one.

    I do appreciate yalls input.

    Thanks

    Be Safe


    Rookie,
    Thanks for the links. I have referenced most of them and know many mistakes were made. The problem I am having is trying to find out if the admitted mistake of the MRO is keeping me from acquiring employment. Furthermore , what can I do about it short term to gain employment while my Law Firm gets rolling. I have been working on retaining them since last Monday. I signed the final papers this A.M.

    The MRO wont give me a corrected copy to give to employers as it is the property of the school. The school wont give me a copy.

    A bunch of pointing fingers trying to escape liability instead of correcting the issue.

    Again Thanks
    Sincerely

    BeSafe
     
    Last edited: Mar 5, 2012
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