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Failed Random Need Advice

Discussion in 'Trucker Legal Advice' started by Werro, Aug 17, 2015.

Page 6 of 10
  1. Aug 20, 2015 #51
    iloveatrucker

    iloveatrucker Light Load Member

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    Were you on any meds...including otc, and did you inform them ahead of time?
     
    iloveatrucker, Aug 20, 2015
    iloveatrucker, Aug 20, 2015
    #51
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  3. Aug 20, 2015 #52
    average joe

    average joe Medium Load Member

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    Isn't the MRO supposed to contact you prior to declaring the test positive?
     
    average joe, Aug 20, 2015
    average joe, Aug 20, 2015
    #52
  4. Aug 20, 2015 #53
    pattyj

    pattyj Road Train Member

    22,474
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    Jul 19, 2008
    Sioux City,ia
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    Thought the op would be back by now and let us know what happened at the medical office today.
     
    pattyj, Aug 20, 2015
    pattyj, Aug 20, 2015
    #53
    Werro Thanks this.
  5. Aug 20, 2015 #54
    Ridgeline

    Ridgeline Road Train Member

    22,367
    116,012
    Dec 18, 2011
    Michigan
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    Something stinks here.

    If it was a positive, then you retest immediately, not days later.

    That is the right info.

    Court?

    Forget that. You have to actually prove that the test was a false positive and having another one means little.

    I won't get into the approach your lawyer could use (the previous sentence is a clue), he should be smart enough to do what I would do, but again the MRO is supposed to talk to you directly about it, no one else.

    I have done many randoms and pre-employment pee tests and I know the procedures that these people are supposed to follow, about 80% of them do but the 20% who think they can just throw a tox screen together makes a mess of it.
     
    Ridgeline, Aug 20, 2015
    Ridgeline, Aug 20, 2015
    #54
    KenworthGuyNH and brian991219 Thank this.
  7. Aug 21, 2015 #55
    Werro

    Werro Bobtail Member

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    Aug 17, 2015
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    Hello all I am happy to report that my hair test came back NEGATIVE for heroin. To answer some questions here yes the MRO did call me first and I kind of blew it off since I thought there was a mistake and it would work out which of course it did not. Even when they told me to bring my truck back to the yard immediately I thought that when I explained to them it would be ok. I did request a retest from the MRO and it came back the same. I did have the hair follicle test redone the day after I was let go and the results came in today. I want this forum to be out there for other drivers who have been falsely accused and do not have the means to dispute. For those of you who gave advice and kept positive, Thanks. For those who just made comments to bash I hope you learn to be more kind and not so judgemental. This has been a devastating blow both mentally and financially and wish this on no one. Peace to all you guys and gals out there that keep America moving. God Bless
     
    Werro, Aug 21, 2015
    Werro, Aug 21, 2015
    #55
    murat, tucker, pattyj and 1 other person Thank this.
  8. Aug 21, 2015 #56
    BeanDip

    BeanDip Medium Load Member

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    Dec 28, 2014
    S.W Michigan
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    Nice. Don't worry about your reputation at home. Your daily actions and how you live will be all you need to insure your good name.
    As far as the financial repercussions, I hope you get your job back, and can bounce back in short order.
     
    BeanDip, Aug 21, 2015
    BeanDip, Aug 21, 2015
    #56
    Werro Thanks this.
  9. Aug 21, 2015 #57
    pattyj

    pattyj Road Train Member

    22,474
    20,137
    Jul 19, 2008
    Sioux City,ia
    0
    That's great news.So is the company going to let you come back?
     
    pattyj, Aug 21, 2015
    pattyj, Aug 21, 2015
    #57
  10. Aug 21, 2015 #58
    BeanDip

    BeanDip Medium Load Member

    453
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    Dec 28, 2014
    S.W Michigan
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    So here's another question, and I'm not trying to ba an a-hole, but as far as hair testing proving someone has not done drugs...

    Hair tests can only detect use after about 5 days or later, and are not likely to catch a one time use. So how does a follicle test prove one didn't use opiates the day before a failed urine test?
     
    BeanDip, Aug 21, 2015
    BeanDip, Aug 21, 2015
    #58
  11. Aug 21, 2015 #59
    Werro

    Werro Bobtail Member

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    6
    Aug 17, 2015
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    If your 5 days rule is correct then here is the timeline. Aug 5 I was called in for a random. August 10th I received a call from the MRO stating heroin in my urine. August 11 my doctor ordered and I provided a hair follicle test. There is your five days so here is my question to you, Do you know any heroin users who only did it once? I doubt the company will let me drive since the DOT test still overrides my test but I am going to try.
     
    Werro, Aug 21, 2015
    Werro, Aug 21, 2015
    #59
  12. Aug 21, 2015 #60
    BeanDip

    BeanDip Medium Load Member

    453
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    Dec 28, 2014
    S.W Michigan
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    Well, yes, I do know a couple of folks that only did heroin once. I also have a close friend that struggles with heroin addiction so I see the point you're getting at. I certainly don't know anyone that does heroin occasionally. :)

    The question was honestly just a question. I'd assumed you and your doctor would have discussed that "loop hole", and was curious if there were concerns about it holding up in court, or wherever it would have to hold up.
     
    BeanDip, Aug 21, 2015
    BeanDip, Aug 21, 2015
    #60
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