Post accident Drug test nightmare

3 Hours? What reg is that? I believe the reg states "as soon as practical". Most programs however try for 2 hours, documenting reasons why the delay every 2 hours up to 32 hours, because after 32 hours the regs require documentation of the reasons testing was not performed.

That's ok though, he still has several other strikes against him.

 

IOf they stated it wasn't up to temp, it likely wasn't because it likely wasn't his. Sorry!

Being in or out of his employers sight is relevant to nothing. Did he leave the testing facility (The area of the clinic or hospital where the testing was to be done)? He knew better. Sorry!

Either you or he misunderstood or the lab personnel do not know their business. I'll just bet the lab personnel know their business. If they know its negative in 2-3 days, then they know it's neg in 2-3 days. The only time 10 days is relevant is if the MRO or the DER cannot contact him within 10 days the MRO can verify the test positive. Sorry!

Both are on the letter? If the positive test is real, and the MRO could not contact him the MRO had 10 days to contact him before a positive verification, not 2.

Sorry but...!

Don't doubt that but it likely is not because the MRO is hiding.

Employer discretion as to whether to keep him or not. Sorry. Why is his license not valid?

This may be possible depending on interpretation of 40.133. If he tested positive and it's documented that the MRO made all reasonable efforts to contact him and failed, the MRO can verify it a refusal and/or positive.

As it should be. Only one state ties drug tests to a license, and I'll bet he is not from there.

You should have gone with him, because that's BS. Sorry!

 

can't help but wonder what else she doesn't know about his goings on......kinda feel bad for her.

 

I don't know how pee that comes out of your body could not be up to temp. I guess there is the slight chance that the test strip on the side of the cup could be faulty but there is just too many other strikes against him.

It is highly unlikely that any part of the test is faulty, to have 3 parts of the test to be faulty is on the verge of a impossibility. There is just almost no way this many things could happen to a person during a drug test and that person be clean.

 

Take DOT handbook to ALL drug tests & make them follow each reg to a tee per sub part. Makes 'em all nervous & is absolutely hilarious!!!!

 

Take DOT CFR book to ALL drug tests & quote @subpart rules/regs from subparts @ line! Testers get flummoxed & nervous enough to piss their own pantys!! Absolutely HILARIOUS!!!!!

 

There's s lot of pages in drug test chapter by the way! Funny as hell.

 

No, they don't.The tests are done one way..The training that is required to be able to conduct these tests is pretty lenghty, if the driver gets combative or doesn't cooperate.. guess what the next step is? Your job at a drug test is to give the specimen, observe the documentation and to sign. initial and date that you did so. If you act like an idiot.. the notations are made and you either do the above, or you get a refusal... that is 100% on you. Moving to an observed test and Reasonable suspicion would be the key words here..

 

We need follow up post from the OP. I can't concentrate on anything wondering how this played out.