Marked as Refusal on drug test

how much time did they give you?
You get 40 ounces of water over 3 hours.
So yo had to take a crap, go sit on toliet and multitask and pee in cup, set it on floor, don’t flush til they see.

 

It's my understanding that hair follicle tests are more accurate so any idea why they would not accept it?

 

of the pee tests i took over the years, pre-employment or random, the bathroom is clear of toilet paper..

not to mention, many times the sink is taped off as well......

i'd hate to be that guy that hands them a 5hit covered sample bottle.......

 

ones i’ve been in some come to you, they’ll just pour the dye in toliet and tape off the sink

 

Get a lawyer, have them look at the situation very carefully, and advise you about what can and can't be done.

WTF is anyone telling you that you can't relieve yourself?

Also, what is the allotted amount of water?

 

You just have to sacrifice a pair of undies or use extra detergent to remove the skid mark

 

There's an "alloted amount" of water allowed in a certain period of time???

 

Guessing that the carrier didn’t provide a bathroom for the driver to produce a sample.

Definitely a flawed system with no leeway for a company driver under a strict carrier.
An owner operator like myself can smoke a few joints, snort a bag of cocaine on the day we learn that we got to do a random.

Perhaps the saliva tests will put an end to all these scenarios.

 

Your understanding is incorrect. Hair follicle tests have more false positives than urine, it just goes back for a longer timeframe for some drugs. It also trends to having a higher falae positive rate for darker hair color. That translates into a higher false positive for certain minority groups that have predominantly darker hair.

Congress has actually passed a law that requires hair follicle testing, but until FMCSA can prove it's not biased it can't be implemented.

 

This also applies to EVERY industry subject to DOT testing.

§ 40.193 What happens when an employee does not provide a sufficient amount of specimen for a drug test?
LINK

Urge the employee to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. It is not a refusal to test if the employee declines to drink. Document on the Remarks line of the CCF (Step 2), and inform the employee of the time at which the three-hour period begins and ends.


The problem with hiring an Attorney comes down to his word against HR. If this situation is true it is a bad situation I agree. Many times since the 90s I have encountered secure testing facilities where there were no general restrooms available until after the testing was concluded. This is why I doubt the OP has any kind of a case. However, I have been wrong before.