I'm going to tell you what a mega does. Stevens transport reports everything. They are very strong in the wording, too. Why? For the exact reason already mentioned. When lawyers sue. They go after every employer or potential employer. CYA. Report it. That way they can't say you were negligent if he does end up hired somewhere and kills someone.
Potential Driver Left Drug Test....Now What!
Discussion in 'Trucking Industry Regulations' started by 68Goat, Jan 18, 2021.
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THIS RIGHT HERE.....
Prospective/Current Employer of CDL Driver
https://clearinghouse.fmcsa.dot.gov/Resource/Index/Report-Violation-CTPA
so EVEN THOUGH, he was NOT EVEN EMPLOYED at the time......!!!
did you even READ all that I had said previously posted before you quoted the "fear mongering post"..?????
or did you just jump in blindfolded and made your comment(s)??????
ok now...??Last edited: Jan 19, 2021
T.Rucker and Wasted Thyme Thank this. -
Did you read the relevant parts of the code wherein it states [and I previously quoted]:
"(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 §40.243(a)) for a pre-employment test is not deemed to have refused to test;"
That's the whole question- what constitutes "refusal".
Clearly there are different standards for pre-employment situations.
Read the relevant code about "refusals":
DOT Rule 49 CFR Part 40 Section 40.261 | US Department of TransportationFarmtractor9900 and Badmon Thank this. -
There IS a difference between being an employee, already hired, and under directions by the employer to undergo testing VS. a pre-hire who does not have a CONTINGENT OFFER OF EMPLOYMENT:
DOT Rule 49 CFR Part 40 Section 40.191 | US Department of Transportation
Subpart I—Problems in Drug Tests
§ 40.191 What is a refusal to take a DOT drug test, and what are the consequences?
(a) As an employee, you have refused to take a drug test if you:
"In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test"
So, you see, according to the REGS, there is no obligation to report a departure from the testing facility AS A REFUSAL IF there was no contingent offer of employment to the pre-hire before being sent to the test. Larger companies actually send, by email or mail, an offer of employment "CONTINGENT" on completion of some part of the hiring process- usually the background check and drug screen.
IF that was not done, then there was no contingency offered and thus no REFUSAL.
Please read ALL the regs before commenting as if you have.Badmon Thanks this. -
wis bang, T.Rucker, ZVar and 1 other person Thank this.
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T.Rucker, ZVar and Wasted Thyme Thank this. -
mjd4277, DoubleO7, buddyd157 and 1 other person Thank this.
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Last edited: Jan 19, 2021
mjd4277, wis bang, buddyd157 and 1 other person Thank this. -
He gave a urine sample,
Was told the temp was out of spec.
The testing process had already begun.wis bang, SRJ, GoneButNotForgotten and 2 others Thank this. -
Now watch this-
Attorney for the Plaintiff:
"Applicant- did you accept the offer of employment and then refuse to complete the drug screen process?"
Applicant trying to avoid "refusal" on his record:
"No, I did not".
Case closed...
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