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Drug/Alcohol Testing

Discussion in 'Experienced Truckers' Advice' started by slimtim, Aug 9, 2011.

Page 1 of 2
  1. Aug 9, 2011 #1
    slimtim

    slimtim Bobtail Member

    1
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    Aug 9, 2011
    chugiak, alaska
    0
    What proof does the company have to provide if they say/Report to DAC that I refused a Drug/Alcohol test. I was on Day off, no where near my truck and was asked to take test. I said sure for drug test, but not an Alcohol test because I just drank the night before. Again, day off and not near my truck and no plans to drive. I quit after they took my truck. They havent put it on my DAC yet, but when I called company they said I couldn't be rehired because of Alcohol use. What rules do they have to follow?
     
    slimtim, Aug 9, 2011
    slimtim, Aug 9, 2011
    #1
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  3. Aug 9, 2011 #2
    SpankingGT

    SpankingGT Light Load Member

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    Sep 9, 2010
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    Wait, on a day off? Was your day of at your home or were you in a truck stop taking your 34 hrs?


    If this story is true-Lawyer UP and Fast!
     
    SpankingGT, Aug 9, 2011
    SpankingGT, Aug 9, 2011
    #2
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  4. Aug 9, 2011 #3
    Dirt1

    Dirt1 Bobtail Member

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    Aug 8, 2011
    0
    Some states require the company to inform them of your refuse/failed test. Refusing is the exact same as failing. Any future employers will be informed of your refusal.
     
    Dirt1, Aug 9, 2011
    Dirt1, Aug 9, 2011
    #3
  5. Aug 9, 2011 #4
    EZ Money

    EZ Money Road Train Member

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    Oct 27, 2010
    The East Side Gang,Charlotte,NC.
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    You should have went and pissed in a cup if you are drug free.
    The refusal is worse than having a little alcohol in you.

    A failed drug test will be reported to your states DMV within 5 days if the company follows DOT regs..
     
    EZ Money, Aug 9, 2011
    EZ Money, Aug 9, 2011
    #4
  7. Aug 9, 2011 #5
    okiedokie

    okiedokie Road Train Member

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    Jun 13, 2011
    PNWET
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    Your screwed. Guilty until proven innocent is the way they look at it. Also you would of past the Alcohol if it was last night unless you drank more than a sixer.
     
    okiedokie, Aug 9, 2011
    okiedokie, Aug 9, 2011
    #5
  8. Aug 9, 2011 #6
    JoeyJunk

    JoeyJunk Road Train Member

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    Dec 31, 2010
    Washington, PA
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    Is there such a thing as drinking less than a sixer?? :biggrin_25523:
     
    JoeyJunk, Aug 9, 2011
    JoeyJunk, Aug 9, 2011
    #6
  9. Aug 9, 2011 #7
    123456

    123456 Road Train Member

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    Oct 22, 2010
    32179
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    123456, Aug 9, 2011
    123456, Aug 9, 2011
    #7
  10. Aug 9, 2011 #8
    Shoestring

    Shoestring Light Load Member

    295
    202
    Jul 25, 2011
    Lehigh Fl
    0
    Does your company have a no alcohol policy? Some employers are instituting no alcohol and no tobacco policies. After implementing them you have 30 days to quit using, then your drug tested for those items. if you fail, your out of a job. Not sure about the legality of it, but haven't heard of any 1 winning lawsuits for wrongful termination either.
    don't know if failing a alcohol test on your day off would qualify for a DAC report, but if the company has a strict no alcohol policy you could be terminated for it.

    Like others said, you would have been better off taking the test, explaining to the tester that it was your day off and you had been drinking. Refusal of a test is lot worse then failing a test on your day off.
     
    Shoestring, Aug 9, 2011
    Shoestring, Aug 9, 2011
    #8
  11. Aug 9, 2011 #9
    SheepDog

    SheepDog Road Train Member

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    Nov 30, 2008
    Sand Lake, MI
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    Man oh man, would I be upset (being nice) if I got called to do anything on my DAY OFF by my employer... I wouldn't even answer the phone if my employer called on my DAY OFF..
     
    SheepDog, Aug 9, 2011
    SheepDog, Aug 9, 2011
    #9
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  12. Aug 9, 2011 #10
    dave26027

    dave26027 Road Train Member

    1,284
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    Sep 10, 2009
    Dallas, Texas
    0
    It's been established that a company can't call you in when you're off duty to come in and give a urine sample. They have to wait 'till you're on duty.

    If it were me, I would have given a sample and taken the rest of the day off. Nothing says you can not be on duty, not driving with a trace of alcohol in your system. We all know you can be put out of service for driving with any trace of alcohol in you, but that's DRIVING, not on duty. In a pinch, it would be a smart move to take a taxi to the clinic.

    When you drink, the first casualty is your common sense. So don't do anything intelligent until you're sober, right?
     
    dave26027, Aug 9, 2011
    dave26027, Aug 9, 2011
    #10
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