Failed Random Need Advice

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

  1. Werro

    Werro Bobtail Member

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    Aug 17, 2015
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    Thanks for the ooida tip by the way
     
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  3. Alaska76

    Alaska76 Road Train Member

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    Inland Empire, WA
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    Uh huh, see post #75...
     
  4. Werro

    Werro Bobtail Member

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    Aug 17, 2015
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    So how do you convince the MRO he is wrong in his statement?
     
  5. average joe

    average joe Medium Load Member

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    If you just had a procedure that required anesthesia the MRO should have made contact with the surgeon, if not than you MAY have an issue
     
  6. str8t10

    str8t10 Medium Load Member

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    I do the same thing. Maybe I'm just crazy but not only could they be mixed up. What if one of they're friends or even a stranger paid them to switch the labels. I go to the same place everytime and I'm always clean. The person doing the screens always remember me and say your good to go.
     
  7. Turtles

    Turtles Light Load Member

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    Jun 10, 2011
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    It doesn't work that way. A prescription isn't enough. Prescriptions for disqualifying drugs don't get you a free pass.

    It is permissible to perform a safety sensitive job while using ANY opiate derivative drug (or any other disqualifying drug) IF AND ONLY IF:

    **Prior** to performing the job you have the following ON FILE with the safety department:

    1. You have a written treatment plan from the primary prescribing Doctor in which he states that he knows that you have a safety sensitive job, and that when used as prescribed that the drug will not affect your job performance. There must be a detailed treatment and medication schedule as well as any restrictions. As in Joe must take one dose between 7:00pm and 8:00pm on Aug 23 and may not drive until 12 hours have passed.

    2. You also have to have a letter from a DOT qualified physician agreeing with the primary physician.

    3. The company must agree with both letters, and formally make a statement doing so. Someone with the authority to make legal agreements for the company must sign the letter.

    The company keeps copies of all three letters, and you keep copies. Forever.



    If you take a disqualifying drug, you must wait for it to clear your system before you return to work unless you go through the system above. There are NO exceptions.

    The window for opiates is about 48-72 hours depending on liver function. If you test positive on Thursday and were driving on Tuesday or Wednesday it's a positive test. Monday is iffy.
     
  8. str8t10

    str8t10 Medium Load Member

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    That's all you need my friend. That will trigger any form of drug test for opiates. Go on the fmcsa website! They do a 5 panel test which includes pcp,pot,opiates, crack/coca in and methods amphetamines.
     
  9. str8t10

    str8t10 Medium Load Member

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    I know all this. I'm just saying the prescription opiate would explain and clear him of the dirty screen . Not reporting it is a whole other ball of wax
     
  10. rayraythetrucker

    rayraythetrucker Light Load Member

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    Jun 9, 2015
    got dirt ?
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    is 6 am heroin different than 7am heroin ?
     
  11. Turtles

    Turtles Light Load Member

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    It will *not* clear him of the dirty screen. PERIOD. There is no gray. The sample was positive for a disqualifying (controlled)drug, he was on duty performing a safety sensitive function during the time the screen tests for. There were no prior release letters. It doesn't matter if he had a prescription or not.

    The law(and regs clarify) say that if you take a disqualifying (controlled) drug, you must not perform a safety sensitive function until the drug and all its metabolites have cleared your system unless you follow the proper procedure. (The prior doctors letter and safety sign off) This is a yes/no regulation.

    Was the screen positive for a disqualifying (controlled) drug? Yes
    Was the employee performing a safety sensitive function? Yes
    Was there a prior drug approval process followed? No

    The employee may not return to a safety sensitive duty until the successful completion of a SAP program or a legal adjudication permits it.

    At this point if the company permits him to return to driving the company is breaking the law.

    Transportation is a heavily regulated industry. It runs a lot like the military. The regs are black and white. Stupidity and ignorance are not considered excuses.
     
    Last edited: Aug 22, 2015
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