Failed Random Need Advice

Discussion in 'Trucker Legal Advice' started by Werro, Aug 17, 2015.

  1. Werro

    Werro Bobtail Member

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    I hear ya. Dont believe the words coming out of my mouth either but time will tell is my only hope
     
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  3. Smooth_Operator

    Smooth_Operator Light Load Member

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    A drug test coming back for y ma'am and morphine would indicate heroin and a recent use. Heroin turns into morphine in the body and 6maam will eventually metabolize into morphine.

    Having both show up is real problamatic.

    Good luck if you didn't do it?
     
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  4. brian991219

    brian991219 Road Train Member

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    I do not condone any drug use, but will give you my professional opinion as a former safety manager and drug testing supervisor. After all, it is America and we are all still presumed innocent until proven guilty and the proof for me is the analysis of the split specimen.

    Legally, the MRO should have gone over the options with you, offered you the chance to have the split specimen tested (at your cost). This is the only acceptable method as far as the DOT is concerned, the hair follicle test may help clear your local reputation but the motor carrier can not use it to remove the positive result from your file.

    The proper, legal, course of action is to immediately remove you from any safety sensitive functions, then the MRO will ask for prescriptions that may have resulted in a false positive and ask you if you want the split tested (sample b). This is why they split the urine you give into two separate tubes, to validate the results, it is possible they did not clean their machine properly, or somehow mishandled the sample. If the split comes back clean usually the motor carrier will reimburse you for the cost and return you to duty will the positive result removed from your file, at least that is how it is supposed to work. Since the hair follicle test is not DOT approved as a substitute for urine analysis yet that test is a waste of you money as far as your career is concerned, but it may help your personal reputation and give you a civil recourse against the urine testing lab.

    Now, if you are really positive, then the company can fire you unless they have a rehab program in place. If they have an optional program and you qualify then you will have to go thru some rehab and submit to direct observation tests on a random basis for at least 1 year after returning to duty. This will all be supervised by a SAP (substance abuse professional) and can be at your expense. Not all employers offer this, nor is there a high success rate in obtaining alternate work after having a positive result and completing a rehab program.

    I hope this helps.
     
  5. scottied67

    scottied67 Road Train Member

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    The past few times I went in for drug urine testing, they asked me to sign and/or initial the little bottle stickers while they were still flat on the counter. I refused til I saw them actually on the uring test bottles and eyewitnessed them pouring my urine into the test tubes. Gotta watch out for these people they can mess up and put your pre-signed/initialed stickers on someone else's bottles.
     
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  6. buzzarddriver

    buzzarddriver Road Train Member

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    I am still trying to figure out how the TOWN, your CHURCH and your child's SCHOOL found out you failed a drug test?????
    That is private info between you and the MRO.
    If someone at the lab blabbed about it, you can sue them for enough money that you won't need a job for the rest of your life.
    If you told, then you have no one to blame but yourself.
    The MRO should have told you of your option's, so if you didn't follow up, that's also your fault.
     
  7. Windy M Jenner

    Windy M Jenner Light Load Member

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    If your on medications that may or may not result in a positive drug test should have been given to the person administering the drug test before hand. If they come back positive you will be required to supply proof from your pharmacy showing the meds you are on.
     
  8. Windy M Jenner

    Windy M Jenner Light Load Member

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    Exactly, it's called the hipa law ( I think that's the acronym )
     
  9. AModelCat

    AModelCat Road Train Member

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    I never realized D&A testing was so common in the trucking industry.
     
  10. brian991219

    brian991219 Road Train Member

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    Here in the US it is required for any commercial driver operating a vehicle requiring a commercial driver license (CDL) and recommended for any safety sensitive employee. Our CDL drivers are required to submit to a pre-employment drug test and then random drug and alcohol testing while employed, also after any accident or if a supervisor has reasonable suspicion of drug or alcohol use by the driver. Most warehouse operators require it for their employees as well although it is only required for CDL drivers by law.
     
  11. AModelCat

    AModelCat Road Train Member

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    Maybe it's common here in Canada too. I honestly don't know. I did have to go for a drug test before I started driving but I just assumed it was a company policy.
     
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