about drug testing rules

Discussion in 'Trucking Industry Regulations' started by Trucker Paul, Nov 29, 2013.

  1. Trucker Paul

    Trucker Paul Medium Load Member

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    3 years ago I went to a company for orientation and spent 30 hrs on a bus getting there. When I arrived the company told me not to drink any liquids until after drug test/physical. I obeyed for some reason but regret that now. So the first attempt to give the amount of urine for the drug test failed was only able to produce 50 ml but they wanted 65 ml at least. After each attempt to fill 65 ml they made me start from scratch all the other attempts were flushed away. I drank lots of water during this time but since they made me keep trying and from scratch that didn't happen. But figures after the 3 hrs I could've produced the 65 ml but instead I got stuck with a refused test all cause of the way this was conducted. I had to work for owner operators until recently cause of the refused test and yes I completed a SAP program. I just wonder if this test was conducted right or if they failed to comply with dot drug testing guidlines?
     
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  3. jbourque

    jbourque Heavy Load Member

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    they have to let you have a little water,however they can restrict your intake of water to some degree. i think 3 hours is the max time you have to be above the line, i dont think that is very fair,because of some rule they have. lots of luck
     
  4. bad-luck

    bad-luck Road Train Member

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    Baltimore, Maryland
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    Not sure about the rules but they were wrong to tell you not to drink before the test. I would have contacted the dot and filed a complaint for the bad direction that gave you, you may still be able to do so. And attempt to have the refusal removed from yor record
     
  5. Trucker Paul

    Trucker Paul Medium Load Member

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    Westland,Mi
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    I know now not to listen to anything I don't think is right or could hurt my career in trucking. I'm just happy was able to keep working after the refused drug test on my record. I now just want that all behind me and wanna be to be hired by any company.
     
  6. HalpinUout

    HalpinUout Road Train Member

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    If you were at orientation for a company meaning you really hadn't started working for them yet why would you have the take SAP? and if you've been driving for 8 years why would you care that they told you not to drink any liquid? its not like this was your first piss test you should know how it goes...
     
    snowblind Thanks this.
  7. fld

    fld Medium Load Member

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    Nov 24, 2012
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    I have never heard of such a thing. Every test that I have taken, there always was coffee or water to drink. I can understand that they want you to not be dilute, but that makes no sense.

    Do you still have your paperwork? There should be some kind of record of what exactly happened during the test. I would say that it is not in your favor that so much time has passed, and that you went through the program. And there is probably nothing in writing saying that you were not permitted to drink. You also need to find out if it is that company's policy to do this. If it was just one over zealous manager that may not still be there, it will be that much harder.

    I would start with the lab and see what they say, and then you may have to see a lawyer and see what he says. Unfortunately, that seems like an uphill battle. Good luck.
     
  8. Shadow Captain

    Shadow Captain Light Load Member

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    Denver,CO
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    Bottom line is you got screwed and should have made a complaint to the FMCSA concerning the collectors and the company. The regulations were put into place to protect both the employers and employee. INABILITY TO PROVIDE A SUFFICIENT SAMPLE DOES NOT CONSTITUTE A REFUSAL! Unfortuantely these medical facilities employ graduates of these so called 'medical schools' that advertise on late night TV at minimum wage. I was a union shop steward in the 90's and took classes about the drug and alcohol testing and even though I don't remember every regulation I know where to find them, here is a link to the reg that should have been followed in your case:
    http://www.dot.gov/odapc/part40/40_193
     
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