Can a company's Safety Manager tell another driver that another driver quit because they wouldn't take a drug test or couldn't pass a drug test? A friend of mine works for another company and asked me this and I'm kinda curious myself. Thanks.
Drug Test Privacy Question???
Discussion in 'Trucker Legal Advice' started by amscontr, Jan 15, 2014.
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I don't know if they can or not, but I know that they do.
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Legally they aren't supposed to but we all know how that can and does go
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If you are a CDL holding truck driver and you fail a drug test the whole frickin world should know how stupid you are. IMHO.
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They are not allowed to disclose that type of information, but I'm sure it happens.
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Do I need to verify an employees prior drug and alcohol testing history?
Yes! Before you hire or transfer someone into a safety-sensitive position, you must check the persons DOT
drug and alcohol testing history. You need to check with any DOT-regulated company that employed the
person during the past two years unless you are regulated by FMCSA, FAA, or FRA. FMCSA requires a
three-year records check for drivers; FAA requires a five-year records check for pilots; and FRA requires a
five-year records check for locomotive engineers.
You must get the persons written consent to seek the information from other employers. The person must list
all previous and current employers within the last two, three, or five years, as appropriate. If the person
doesnt do so, or refuses to sign the consent form, you cannot allow the person to perform safety-sensitive
functions.
Keep in mind that the consent must be a specific release authorizing the new employer to receive testing
information from a specific former or current employer about a specific employee. It cannot be a -blanket‖
release: For example, it cannot have multiple employers on one release form; it must be employee-specific; it
must be employer-specific; and it must be time-period specific -
This had nothing to do with new employment.
Driver 1. asks his Safety Mgr. why Driver 2. quit.
Update!
Driver 2. actually quit because he is paid on % basis and asked the company to furnish him with documentation of load rates/payments because he felt the company wasn't being honest about his pay. So in turn the Safety Mgr. throws the go take a drug test instead of providing the documents of his pay. So Driver 1 was just asking the Safety Mgr about his buddy he worked with. -
Wait, was he be asking the Safety Manager to provided documentation of furnish documentation of rates?
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He asked one of the company owners about his pay and in turn the company Safety Mgr. told him to go take a drug test because they didn't want to disclose their load pay to him. They stated it was none of his business. He was concerned they was not paying the actual percentage amount of each load is all.
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So he was notified to take a drug test, which means he was in the pool otherwise they can't send him without a reasonable suspicion.
hardworkinman Thanks this.
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