I met this poor lady at the DMV, she needs a CDL job

The easy answer is tell her to smoke another blunt & get a job as a laborer.

 

you are right, that was someone else who mentioned an "unexpected random"

my apologies

 

It really doesn't matter if it is a pre-employment, random, or a for-cause drug screen. If you have a CDL and are an active driver OR are going through the hiring process you should already know to avoid the substances banned by the DOT. I am also getting conflicting information in regard to how MROs are handling pre-employment positives in regard to the clearinghouse. Because 40.129 makes no mention there is a difference I am inclined to believe MROs will report ANY confirmed positives.

This is what I tell drivers that inform me they have a recent positive. I tell them to check the clearinghouse ASAP! Then be mindful of ALL OF 391.23 (e) with special emphasis on (e) (4),
391.23 (e)(4)
(4) As of January 6, 2023, employers subject to §382.701(a) of this chapter must use the Drug and Alcohol Clearinghouse to comply with the requirements of this section with respect to FMCSA-regulated employers.

I am mindful that says Jan of 2023, but BEWARE it's already happening. FURTHER, this check is also part of the yearly review.

If you tested positive and find yourself listed in that clearinghouse THE ONLY way to fix this is to follow the procedures in the SAP/Return to duty process.


As a personal note. This is not a time to go all bleeding heart with such a person. Most likely you are not getting all the information. I don't like how the DOT treats a THC positive. With THC right now I think a positive should ONLY disqualify until a person can test clean. It's high time the DOT started to recognize people are smoking that crap like we all used to drink beer. Heck, I have had MEDICAL DOCTOR's tell me to smoke to help with pain and the stomach upset I have a lot. I'm not advocating allowing a driver to drive while stoned by any means, I just don't think it is constructive to hit them with a baseball bat either. I think with substances like Hydrocodone the current process works, I go back to my bleeding heart comment, people can't just lose a prescription like that. The prescribing physician as well as the pharmacy have records. There is a great chance this lady was either taking someone's pills, or taking old pills. Neither is smart for a trucker subject to §382.701 to do.

 

There's probably some decent nudie bars she could get a gig at