suspended cdl

Failing to test on a Random is treated the same as a Positive. The only way out is to Hire a lawyer or SAP Program. The SAP Program will get you blacklisted. A good DOT Drug Testing Lawyer "may" get it Expunged by a procedural error commited by the Trucking Company, Testing Clinic, Test Lab, MRO.... A lot of Trucking Companys are not in compliance when it comes to FMCSA Drug Testing law. Some violate FMCSA 382.601 and FMCSA 382.401 If your Company violated The Law ,you got them by the balls. A good place to start is Google FMCSA 382.601 and FMCSA382.401 and follow all of the links. Do your homework. If your Company ###### up,you can sue for court costs and lost wages. "Good luck Driver".

 

Get facts--not bs!!!!

 

I do not get it!! Do not do the stuff to begin with. I actually get out there and do the OTR thing. This sounds to me as a last ditch effort to save the family.

 

You sound like a "Hypocritical Judge" Mr Wheel Monkey "no due process". This Driver was been driving two weeks and had his first Random Drug test. Sure He made a huge mistake by not testing! I willing to bet that you know less about DOT Drug Testing than he does!

 

Quote "I do not get it!! Do not do the stuff to begin with. I actually get out there and do the OTR thing. This sounds to me as a last ditch effort to save the family."

I guess I'm really dense tonight! WHAT THE HECK are you talking about??? How does your post have anything to do with this thread???

 

Sorry to contradict you SouthernPride, but to clarify, on a RANDOM drug test, the company does NOT need the results back before you can resume duty. (A random alcohol is a whole 'nother story, but that's off-topic). You can leave the testing site, climb in your truck, and go right back to work. It's the PRE-EMPLOYMENT test that the company must have the results for, before putting you behind the wheel.
Firefly, keep us posted on what happens next, k? We're keeping our fingers crossed for you...
(...and ignore kehaunani64, he/she just didn't bother reading the whole thread, so they don't understand the topic...)
--Chuck

 

That sux. The rule states though that if you leave for any reason with out testing it is the same as a positve or refusal to test. I don't even think a lawyer will help. Under most circumstances the SAP will only help if you volentaraly go to the company and admit you have drug problem and seek help before you are tested. If you have a positive or refusal 99% of companies won't even give you the time of day know matter what the situation is.

I hope ya'll didn't spend alot of money on a driving school cause his only future is in a job other than trucking.

 

Not true . I worked for a company that had a driver fail the pre-employment test . He went through the procedures with the SAP and was hired . FMCSA even states in the procedures for finding an SAP that it is up to the employer whether to terminate the driver or not .
If drivers needing an SAP would never be able to drive again why would FMCSA have a procedure for using an SAP and returning to service ?

 

sounds like they just wanted to get rid of the guy and used this as an excuse. "we want you to take a test, but we're not going to be available to administer the test when we tell you to be here. so when you don't take the test when we tell you to (because we deliberately fail to show up to give it to you,) then you'll be fired for refusing the test."