Is this just 1 company or the Industry as a whole??

There you go. Wait and see what they say. I have a hard time believing that a PRE-employment drug screen can be counted as a refusal.

 

Urine tests are covered by DOT rule 49 CFR 40... for all transportation workers. There appears to be plenty of explicit exceptions for preemployment screening, except in this case...

DOT rule 49 CFR 40.193 covers an insufficient specimen, followed by leaving the test site.

"(3) If the employee refuses to make the attempt to provide a new urine specimen or leaves the collection site before the collection process is complete, you must discontinue the collection, note the fact on the “Remarks” line of the CCF (Step 2), and immediately notify the DER. This is a refusal to test."

 

You can argue this as much as you like... if you're going to get a CDL, you're going to get tested BEFORE anyone puts any time (which means risking their money) into providing instruction for a permit test. The fact is there are too many ringers trying to slip into the industry, and thats why the entry process is so strict. The state DMV offices are required to demand ones medical card BEFORE allowing the person to test for a permit, so you're going to take a whiz quiz up front like it or not. The regulation is pretty specific on how they treat folks prior to employment, but not providing enough and then walking away seems to be a situation that gets flagged. Once a federally controlled drug test is started, the process MUST be completed.

Your friend is going to be drug tested before anyone puts him through any sort of class, whether its a carriers school or a 3rd party driving school. This was certainly how things worked when I started the process to get my CDL years ago. The schools don't want to invest time on obviously unsuitable candidates, and now DOT won't let you into the testing process without a prerequisite medical screening which requires a drug test. While he may not be required to go through a return to duty status process, he can expect to be questioned about what happened.

Simarily, my guess is that going after the DAC entry on this fellow isn't going to work either, because this is the sort of situation that DAC was created to record. However, if you're going to spend some money on an attorney, this is probably the only point that it may do some good. Spending some time with the following is probably something you may want to do...

http://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-if-i-fail-or-refuse-test

This certainly has been educational, and highlights why some folks feel mistreated during the process. It is what it is, and the government does not allow you to play games with the drug testing process whether you're on the side of doing testing or you're being tested. Its apparent from the literature if Prime let's your friend slide they can be at risk for censure themselves, and any other carrier can be at risk for not being very strict on how the process is administered as well.

 

Good... all's well that ends well, but the lesson to learn is once you start one of these tests its best to go all the way through it.

 

saw that one, was it why or when did they not issue a retest.

 

in all seriousness if he had stage fright only doing that how could he possibly survive truck esp. the training phase then trucking after that part.