Controlled Custody Form - Federal Drug Testing for CDL Drivers

Hi Everyone,

Its been awhile since I posted. Anyway wanted to share the story.

5 years ago, my husband, a 23 yr driver was sent for a random drug test by his employer. He had 1 hour before the clinic was going to close to give his drug test. He was unable to go. Clinic reported to employer that he "refused" his test. Was placed on DAC record and literally black-balled. Here comes the fun part:

As everyone that has ever had to submit to a randon drug testing, you complete what is called the Controlled Custody Form AKA CR49F. This is the form where your name, social security number...and you eventually sign it once you've completed your test that is sent to the lab to process for drugs/alcohol.

Now...naturally if your test is positive, your employer is notified, your either offered drug rehab or fired, with a COPY of your test retained in your file. This is called proof. This is also Federal Law, that copies are to be retained for 5 years.

If your test is negative, the COPY is retained in the employees file and life continues down the road.

There is a place on the CCF in the event an employee actually refuses a drug test. This would indicate briefly what happened and a COPY would be sent to your employer, and you most likely would end up with either an offer for drug rehab or being fired. A COPY is retained in the employees file.

Now back to the story......our case is right now in Circuit Court sitting in a Judge's office waiting for a ruling on this case.

The clinic has stated in deposition that they do NOT have a copy of his CCF form. But wait a minute....its Federal Law that they have a copy...and guess what else???? Neither does the employer!!!

But yet, this Judge has refused to rule in over a month with this case! Imagine that!

Sounds pretty clear to me...maybe I'm crazy...but if I need proof that I am negative, proof if I am positive, and proof if I refused...and the clinic has no record of my randon drug test or can ever prove I was there...the Judge should absolutely rule against them...but yet he stalls.

If this Judge rules against us here...we will infact appeal his decision, which will take another year and more $$$.

What exactly would His Honor be saying to the world that anyone that has a CDL and requires randon drug testing...that its OK not to have a copy and proof? Clinics can say what they want, and employers can act on it without proof??? How can a Superior Court Judge override what is written Federal Law for CDL drivers?

Maybe some of you would say...contact the Federal Motor Carriers and have them investigate it...been there, done that....WASTE of TIME.

It's always the drivers fault...never no one elses. These federal laws are for you, not them. They could care less if the shoe is on the other foot. They won't give you the time of day.

Please don't let our horror story become yours....just thought your truckers would want to know..

I'll keep you posted as this saga continues. Thanks for your time and stay safe out there!

Pattycak