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

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.

 

what am I TALKING ABOUT...??

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...??

 

Yes, I did.

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 Transportation

 

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.

 

The OP said that there WAS an offer of employment. This was the last step.

 

quoted from the o/p

so the job was his............until he fled..........now he is dead............

 

Let's be real though. How many times is the company going to pay for a drug test if there is not a contingent offer of employment? The whole reason for the test to to get employed.

 

I know right company paid out money. A lost (not talking about claiming during tax time). There money could have been spent on someone or something else. As I said before the man knew he was not going to pass wasted time & money

 

He gave a urine sample,
Was told the temp was out of spec.

The testing process had already begun.

 

A verbal offer of employment does not constitute a binding contract UNLESS it is accepted by the applicant.

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...