Drug Screen Refusal LIE by Prev Employer

Also forgot to say, if you're sent in for a random while in the middle of a 34-hour restart, you'll have to start your 34 hours over again after. The time from when you're notified of the random to when it's completed is ON DUTY NOT DRIVING. Must be logged, and should be paid.

 

When they said no u should have left it at that and found a way to the clinic like a cab.

 

My best advice is to tell this same story to potential future employers and hope they buy it. Otherwise my advice is to not take the job so lightly next time something like this comes up. Keep looking around at smaller outfits who don't do background checks with past employers and DAC, and take whatever offer comes along.

 

Know the rules...

Part 382
CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

§ 382.305: Random testing.

(m) A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.

https://www.fmcsa.dot.gov/regulations/title49/section/382.305


Question 1: Is a driver who is on-duty, but has not been assigned a driving task, considered to be ready to perform a safety-sensitive function as defined in §382.107 subjecting the driver to random alcohol testing?

Guidance: A driver must be about to perform, or immediately available to perform, a safety-sensitive function to be considered subject to random alcohol testing. A supervisor, mechanic, or clerk, etc., who is on call to perform safety-sensitive functions may be tested at any time they are on call, ready to be dispatched while on-duty.

Question 17: May an employer notify a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status?

Guidance: Yes. Part 382 does not prohibit an employer form notifying a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status.

If an employer selects a driver for a random controlled substances test while the driver is in an off-duty status, and then chooses to notify the driver that he/she has been selected while the driver is still off-duty, the employer must ensure that the driver proceeds immediately to a collection site. Immediately, in this context, means that all the driver’s actions, after notification, lead to an immediate specimen collection. If the employer’s policy or practice is to notify drivers while they are in an off-duty status, the employer should make that policy clear to all drivers so that they are fully informed of their obligation to proceed immediately to a collection site.

If an employer does not want to notify the driver that he/she has been selected for a random controlled substances test while the driver is in an off-duty status, the employer could set aside the driver’s name for notification until the driver returns to work, as long as the driver returns to work before the next selection for random testing is made.

Employers should note that regardless of when a driver is notified, the time the driver spends traveling to and from the collection site, and all time associated with providing the specimen, must be recorded as on-duty time for purposes of compliance with the hours-of-service rules.

Question 18: Is it permissible to select alternates for the purpose of complying with the Random Testing regulations?

Guidance: Yes, it is permissible to select alternates. However, it is only permissible if the primary driver selected will not be available for testing during the selection period because of long-term absence due to layoff, illness, injury, vacation or other circumstances. In the event the initial driver selected is not available for testing, the employer and/or C/TPA must document the reason why an alternate driver was tested. The documentation must be maintained and readily available when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.

https://www.fmcsa.dot.gov/regulations/title49/section/382.305?guidance​

 

how did they lie? you were called for a random, you refused.

 

That's why you want to be careful about answering the phone when the company calls. The minute they inform you that random drug testing is required, boom you are immediately required to comply no matter what. Best thing to do is screen the calls. You can tell what the message is about by the inflection of their voice even though they cannot pre-warn you or tell you on a message what they want you to call in about legally. Once they have you identify yourself on the phone, they own you for thedrug test.

 

Wander how this would work if you was on a multi-week vacation out of the country on a cruise. My phone has international calling into canada, mexico and the Caribbean, could they notify like that?

 

They did it to me once, just finished a 3 day 2000 mile load, tired, stinky, hungry. Had my sights set on a all you can eat speghetti buffet and shower shave and rest when the company called and sent me 56 miles for a drug test with only 1 hour to get there. Ran out of time over there so had to spend 10 more hours dirty stinky when all I had to do was Not answer the phone in the first place.

Next time I knew I was due for a drug test Isaw a message on the qualcomm isntructing me to come to the terminal (I was on hometime), this message came in 11AM I didn't see it til 1900PM and already had a load to pick up at 0400. Grabbed my load and boogied, dodged company calls and messages for a week while I got my miles done and FM finally sent a message, no more loads til you call in. Called her and she chewed me up and down, i just said, don't mess with me likethat I won't mess with you guys like that.

 

know the law; Just because you have been selected by the random draw, the company does not have to notify you.

 

I would have taken the test and found another job. Total is a bottom feeder, a red headed US Express stepchild.