question about drug screening for my truck company

ToeJams · Dec 13, 2009

i was recently given a drug screening to take for my company the other day .but come to find out that they did not have a overnight clinic where i could take the screening . my dispatch sent me a message for the screening around in the afternoon . well the people he originally sent it to at my terminal had left for the day and usually at other clinics close to our terminal we have over night clinics open . well i expplained to my dispatch the situation he even told me who he sent the messege to . i replied with ill go check again on the qualcomm . well i got the same answer from the terminal and put a not on the qualcomm they have no open clinics . well i was already dispatched on a load my dispatch sent me earlier that day ,never got a qualcomm beat if i should wait around and even the terminal said go so i went on to run my load . well i finished dropping my load off in chicago which is 300 something miles from my terminal . and just this saturday my dispatch came in and took me off of to load that were put on me and he also told me not to move the truck we need to have you catch a taxi money morning for you to go to a clinic and we will reimburse you for the fee for the taxi cab . now is there something wrong here? they took me off of two loads today when i could be moving just to have me sit around for two days until monday morning ?i dont know if this is b.s or if the company is just trying to either slow me up on my home time of money . what do you think ?

Working Class Patriot · Dec 14, 2009

Do you have a copy of your company's SOP????

Most companies usually belong to a consortium (C/TPA) with member clinics MRO's (Medical Review Officers)...
Most of these clinics run 24/7....to ensure proper specimen collection...

Your company should have a supervisor to notify you properly and who can escort you if necessary....

As an O/O I receive my notifications by mail and can give a specimen at my earliest convenience.....Especially since I'm an OTR carrier...Kind of hard to give a specimen in BFE....

For you the conditions are different.....You need to give a specimen ASAP
Do you know what C/TPA your company belongs to?????

RickG · Dec 14, 2009

You are supposed to be notified when off duty before going back on duty . Once notified you are not supposed to go on duty until tested . Your carrier really screwed this up . Can't wait for Mike's response to this .

HOW DOES RANDOM DRUG TESTING WORK?
Employers are responsible for conducting random, unannounced drug tests. The total number conducted each year must equal at least 50% of the safety-sensitive drivers. Some drivers may be tested more than once each year; some may not be tested at all depending on the random selection. Random testing for drugs does not have to be conducted in immediate time proximity to performing safety-sensitive functions. Once notified of selection for testing, however, a driver must proceed immediately to a collection site to accomplish the urine specimen collection.
Click to expand...

http://www.fmcsa.dot.gov/rules-regulations/topics/drug/engtesting.htm

Allow Me. · Dec 14, 2009

That's a problem with the system being the way it is. There aren't collection centers on every street corner. Most are open M-F 8-5pm. You have to look hard for one open 24/7. Your dispatcher/safety guy should have had a plan to get you in with-in reason. I would say they messed up with scheduling, go for layover pay or something.

Mike_MD · Dec 15, 2009

Working Class Patriot said: ↑

Do you have a copy of your company's SOP????

Most companies usually belong to a consortium (C/TPA) with member clinics MRO's (Medical Review Officers)...
Most of these clinics run 24/7....to ensure proper specimen collection...

Your company should have a supervisor to notify you properly and who can escort you if necessary....

As an O/O I receive my notifications by mail and can give a specimen at my earliest convenience.....Especially since I'm an OTR carrier...Kind of hard to give a specimen in BFE....

For you the conditions are different.....You need to give a specimen ASAP
Do you know what C/TPA your company belongs to?????
Click to expand...

As an O/O you're no different than a company driver. The carrier should not be mailing you notifications as they have no way to verify when you were notified:

§382.305 Random testing.

(i)(3) Each driver selected for testing shall be tested during the selection period.

(k)(1) Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.

(l) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.
Click to expand...

If WCP is a one person operation then the consortium should be callinhg him so he knows to be tested. If WCP fails to test as required it is a positive test (refusal to test).

ToeJam's employer has weak management, the carrier should have waited to announce the test when he arrived for work or returned from a run. Alcohol test may only be administered immeadiately before or after a safety sensitive function. Drug test may be administered at any time:

§382.107 Definitions.

Refuse to submit (to an alcohol or controlled substances test) means that a driver: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a) of this title);
(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;
(3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations. Provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see §40.63(c) of this title) for a pre-employment test is not deemed to have refused to test;
(4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the drivers provision of a specimen (see §§40.67(l) and 40.69(g) of this title);
(5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2) of this title);
(6) Fail or declines to take a second test the employer or collector has directed the driver to take;
(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d) of this title. 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;
(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); or
(9) Is reported by the MRO as having a verified adulterated or substituted test result.

Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include: (1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
(2) All time inspecting equipment as required by §§392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of §393.76 of this sub-chapter);
(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Click to expand...

Be safe.

Working Class Patriot · Dec 15, 2009

As an O/O you're no different than a company driver. The carrier should not be mailing you notifications as they have no way to verify when you were notified:
Click to expand...

Mike....

I am the carrier and have completed the Supervisor 60/60 Training per 49 CFR Part 40......

My C/TPA mails me the notification.....and I will go to an approved collection site at my earliest convenience......

It's been that way since day 1......
It's extremely difficult for me to say go test, while I'm snowed-in in places like Greybull, WY and the letter is in the mail box waiting for me to get home....That's happened twice.....

Does that put me in violation of 49 CFR Part 40?
I don't believe so...

Before I switched to an Interstate Carrier, I posed this question to the director of my C/TPA....She assured me as long as I responded to the letter in a timely matter...I would not be in violation of the law.

Nagger · Dec 16, 2009

Sounds like the company is not really good to work for.

ToeJams · Dec 16, 2009

update to the story . my dispatch calls me monday morning with his supervisor on the phone . she tell me im now terminated from the company from refusing to take a drug test . and i explained to her the situation about what happen ,but she barely wanted to listen to anything i had to say just telling me it was my responsibility not to leave that terminal without taking a drug screening . she went off to say this is something she never experienced in her 10 years with the company about my dispatch should of not went home until i took a drug text etc etc saying other people are also in trouble . so i tried one more time to explain the situation but there was pretty much nothing i could say just for the simple fact it was my responsibility . but before all of this happen before the drug screening etc i was on another load that thursday night of last week i drove from connecticut to ohio. i left around 7 that thursday night and arrived to my des in ohio around 4 am. i still had hours to drive so i went ahead and changed my pta when i would be available for my company around the same time i arrived . stayed up until about 6 am then finally took my break . my dispatch was calling me on the phone and sending messages on the qualcomm during that time of my break .

now back monday here in chicago where my dispatch supervisor said i was terminated . she also tells me if i move the truck they will call the police . but here they also let me drive 300 miles from ohio to chicago without sending me a beep on the qualcom or nothing now shes telling me they are going to call the police if i move the truck . well i start packing all my stuff out of the truck . they basically tell me i need to find a way home to alabAMA on my own and leave the truck here someone will pick it up . i get a caLL BACK from my dispatch supervisor saying i dont want to do this but we are going to now try to help you keep your job . she says there is a clinic in the chicago area where i can take the drug test but i must call a taxi they will reimburse me for but she still saying i dont even know if this will help you kee your job . so i finally took care of the test . here i am sitting on wednesday morning and still wiating for the results which i already know im clean . i contacted my dispatch on the qualcomm for a status updat and they said they are still waiting for results and they will contact me when they know

Frenzy · Dec 16, 2009

This could be a career ender!!

1. Lawyer up! Do it today before anymore time has passed!
2. photograph every screen of the qualcomm that you can. All of msg's, in order.
3. write down the what you can remember of the phone calls, date time, duration of call, who called and the subject.
4. Don't tell the company that you are doing this.
5. Make sure that your logs reflect the drug screen time as -on duty not driving-
6. Maintain a positive attitude when talking with management and safety, but -DO NOT ACCEPT RESPONSIBILITY-

The way I read it is that your management (DM and terminal dispatch) screwed up and caused you to fail (by not taking it) your drug test. Management is trying to save themselves by saving your job. Safety is limited by regulation by what they can do. If this failure to pass drug test causes your termination it will effectively end your driving career. If it does then the management of the company may be held liable for your economic loss.

good luck

GasHauler · Dec 16, 2009

We have seen this problem here on the boards a few times. And it always ends up in a termination and then a remark on your DAC that you refused the test. It looks real bad and it's the company's fault. My company would send the drivers to take the test once they got the notice from the computer. They didn't wait until the driver was off duty. In fact I've taken the truck to the lab. But one thing they did do is make sure there's plenty of time to take the test. If there isn't time then they wait until there is before they notify the driver.

Once you are notified then you need to do whatever you can to take the test. If you get there and they are closed then you camp out until they are open. Let the company know what your are trying to do and they may find a clinic that's opened. But I wouldn't take a load just because the clinic is closed. Keep all reords of what is being told to you and if dispatch tells you to go you just say you're here to take the test because you were notified at such and such time.

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