Drug testing help!

Discussion in 'Trucking Industry Regulations' started by HighwaySuperTramp, Jan 13, 2018.

  1. HighwaySuperTramp

    HighwaySuperTramp Medium Load Member

    316
    349
    Feb 8, 2015
    0
    Guys I need help! I recently went for a pre-employment test for a new company. I was having gut problems that day and was dehydrated. The testing facility refused to give me more than 24-26oz (3 cups) of liquid and then wrote that I had poor kidney function on my sheet and sent it to the MRO.

    I received an email today and I have been informed that I have 4 more business days to see a urologist to examine my kidneys. Average wait time in Canada can be in excess of 5 weeks. I'll loose my ability to work and my company. Is there anyway or anyone I can take this to, to challenge the results based on failure to follow procedure?

    MRO wants $475 to speak to me and the new employer is furious that the MRO wants a 25 year old's kidney function checked based on this? I've done everything but contact the FMCSA on this. Even my sheet says they only gave me 3 out of the required 5 cups of liquid.

    Help...
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Mudguppy

    Mudguppy Degenerate Immoralist

    1,657
    4,063
    Apr 28, 2014
    Wooley Swamp
    0
    @Not for hire
    @tinytim
    might want to try the Canadian section of the forum for better response specific to your area
     
    tinytim Thanks this.
  4. x1Heavy

    x1Heavy Road Train Member

    34,017
    42,104
    Mar 5, 2016
    White County, Arkansas
    0
    Drinking too much fluid is a absolute red flag for concealed drug abuse. It is a attempt to destroy the concentration of whatever is in the sample. If there is anything at all. Just the very act of drinking too much prior to a drug test when revealed in the sample itself is a fail.

    The drug test people are doing EXACTLY what they are supposed to. You do have to go to a specialist or doctor to get to the root cause of and treat the underlying problem of dehydration whatever it might be.

    If you lose your kidney function you lose your life really fast. It's not fun.
     
    nightgunner Thanks this.
  5. tinytim

    tinytim Road Train Member

    5,135
    17,279
    Oct 29, 2007
    Northern Ontario
    0
    Can't be of any help, though I will say the FMCSA is a US body and can't help you in Canada.

    @not4hire
     
    p608 and x1Heavy Thank this.
  6. not4hire

    not4hire Road Train Member

    7,142
    26,950
    May 16, 2012
    Calgary
    0
    This is probably the best section as these are US tests, so they are supposed to be conducted according to the FMCSA regulations. Unfortunately I am not familiar enough with the testing rules to comment other than to say if the tests weren't conducted in accordance with the FMCSA regulations, then they should be invalidated.

    Someone with more in-depth knowledge should be able to provide some guidance, but also dive into the information in the links below.

    Overview of Drug and Alcohol Rules

    Procedures for Transportation Workplace Drug and Alcohol Testing Programs
     
    tinytim Thanks this.
  7. HighwaySuperTramp

    HighwaySuperTramp Medium Load Member

    316
    349
    Feb 8, 2015
    0
    As per regs they are supposed to give me 40oz. My kidneys work fine, I ate bad food that gave me the runs, plus today ive already gone to the washroom 3 times. Since I drink on average a litre of water an hour.
     
  8. not4hire

    not4hire Road Train Member

    7,142
    26,950
    May 16, 2012
    Calgary
    0
    I'm guessing they are saying "shy bladder" was the issue?

    Shy Bladder: A CDL driver could not provide enough urine for the random test within thee hours of his/her first unsuccessful attempt. The collector stopped the test and reported to the designated employer representative (DER) that it was not completed. What happens in this situation?

    In this situation, referred to as a “shy bladder,” the driver has up to five days to obtain an evaluation from a licensed physician that contains a medical reason for the failure to provide a urine sample that would be acceptable to the medical review officer (MRO). The MRO must receive a copy of the evaluation and related medical records, and will decide whether the test is cancelled or declared a refusal. The regulations governing this process, including individual responsibilities are found in 49 CFR §40.193 and §40.195.

    Last Updated : May 20, 2015

    Shy Bladder: A CDL driver could not provide enough urine for the random test within thee hours
     
  9. HighwaySuperTramp

    HighwaySuperTramp Medium Load Member

    316
    349
    Feb 8, 2015
    0
    Yes, and I am trying to tell the MRO I had an upset stomache that left me dehydrated and the collector refused to give me more than 26-28oz of liquid. Even though the regulation states they are supposed to get me to drink 40oz in that three hour period. When I asked them why, they said what I had was plenty and if I couldn't produce a sample it was due to kidney problems.
     
  10. not4hire

    not4hire Road Train Member

    7,142
    26,950
    May 16, 2012
    Calgary
    0
    Read the two linked subsections (40.193 and 40.195--I updated my post) and see if they followed procedures properly. The regulations say that "up to 40 oz. should be given", not that they must give 40 oz. They also say you should be seen by a licenced physician acceptable to the MRO. So, the regulations don't specify a specialist. Perhaps you can explain the issue with access to a specialist and ask if your regular physician would be acceptable?
     
  11. HighwaySuperTramp

    HighwaySuperTramp Medium Load Member

    316
    349
    Feb 8, 2015
    0
    Already tried, MRO requested specialist.
    There is also nothing written saying they can't deny me fluid up to 40oz. Which they did multiple times.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.