Potential Driver Left Drug Test....Now What!

in this day and age, lawsuits for even the most frivolous reasons take place. the o/p is just inviting that to happen to him, and it ain't gonna be frivolous.......

 

What are you talking about?

How can there be any liability on XYZ Carrier for refusing to hire a person for walking out on a drug screen?

The only question here is what is the OP's reporting requirement. You haven't answered that question with anything but fear mongering.

 

All it takes is him to hit somebody and it somehow be found out you didn't report a test refusal to be named. Sure it's pretty farfetched, would you chance it, remember you can literally lose everything you have now or could have in the future.

 

I'm always looking to show mercy. My nephew was in a similar situation & had to move on from the industry. This driver knew he couldn't pass the drug test & blew the opportunity. Hopefully he will grow from it. I clearly see you trying to extend the hand of mercy. There is also a responsibility you have. I would leave the message with him that he has brought this on himself as my nephew did. Your heart is right. All the best to you

 

That's what I was going to post; Concentra will report it.
The OP is out of the picture on this. Maybe @Moose1958 will clarify.

 

Here are the regs on the issue:

Refuse to submit (to an alcohol or controlled substances test) means that a driver:

"(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) of this title) a pre-employment test is not deemed to have refused to test;"

(9) Is reported by the MRO as having a verified adulterated or substituted test result.

The end of that link has the regs for what the employer is required to report to the Clearinghouse.

I'm not 100% sure about whether what the driver did constitutes "refusal" under the regs. After reading the employer reporting requirements, depending on whether what he did constitutes a refusal determines whether you are required to report or not. Your best bet is to get in touch with a DOT safety professional.

Electronic Code of Federal Regulations (eCFR)

 

No sir, I am not an owner. I just play one on TV.

Only the "MRO" can report a "substituted" sample, not you, unless you have "direct knowledge" of the substitution.

Also, as far as I can tell, you are only required to report what you have direct knowledge of, i.e., the driver did not complete the pre-employment drug testing procedure.

It's up to Concentra to go on record as stating the hiree submitted a "substitute" sample.

 

Only the people authorized to administer DOT drug screens are required to report refusals as such. An employer is instructed by a DOT safety professional what constitutes a "refusal" and how to report a pre-hire's actions to the Clearinghouse.

This is a situation where no one should be acting upon advice from anyone but a DOT safety professional precisely because of the stakes involved.

That said, I'm inclined towards the understanding that the employer is only required to report a lack of completing the pre-employment drug screening by the pre-hire. The testing site will report his actions as either a "refusal" or substitution of the sample.

It's up to the reporting of the testing facility whether this pre-hire has ruined his future. There's no need to help that along with unproven suspicions. All we know is that the pre-hire did not complete his test. If the testing facility told the employer the sample was below the temperature required, they can ask for another sample from the pre-hire. If he left before completion of the testing- the regs determine whether that constitutes refusal or not. It looks like pre-hires don't count as refusals. I could be wrong though.