GETTING CDL CLEAN after SWIFT

Discussion in 'Trucker Legal Advice' started by bigrigdriver229, Jan 16, 2009.

  1. bigrigdriver229

    bigrigdriver229 Light Load Member

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    Dec 19, 2008
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    Ok i've been a professional driver for 10yr's,i know alot of rules and some i dont,but, IN that time I have never refused nor have i failed a pre-employ test or random test for drugs or booze. I would like to know how SWIFT can mess that up for any driver, I was on a weekend leave away from my truck, they sent a qualcomm message.i had to retrieve some daywear so i seen the red light, I answered the message,called the DM, we were both under the understanding that the next morning I could go to the terminal in AZ and take the test and get our pre-trip at the same time. However the next day i go for the test and I'm red flagged. as they say i failed to show up the previous day { i was was off duty- Not even to be in the truck} they discussed my whole medical situation in front of a full room of new drivers HIPPA violation i sure. they fired me. got the DM on the phone he refused to admit his part of the conversation that could have led to a miscommunication on both our parts. all it took was for him to be honest the terminal manager said, he was scared of a reprimand. so here i sit. I've driven locally as a Class B driver, but thats not my gig, My better half and I are OTR team drivers. someone give me some decent honest advice pleasse....thanks MIKEE sorry so long:biggrin_25510::biggrin_25510:
     
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  3. dancnoone

    dancnoone "Village Idiot"

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    May 6, 2007
    Mississippi
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    Let me help you out here.

    Can you get evidence of a couple of things?

    Your log book, to reflect you were off duty.

    Your conversation regarding the drug test with your DM, the day before.

    Your phone records, with times and dates of calls made.

    And a question for you. Did your QualComm state that you needed to report to xxxxxx immediately for a drug screen?
     
  4. bigrigdriver229

    bigrigdriver229 Light Load Member

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    Dec 19, 2008
    watervliet, ny
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    #1 log pages i still have.
    #2 conversation was heard by my family it was on speakerphone
    # 3 the call was made from my daughters home phone
    it said to call DM as soon as Possible, but as i stated I was in my last day of the weekend, i was getting daywear for the next day, ready to head back out OTR, i was offduty, i should have never checked the qualcomm.they all knew i was going to be away from the truck for the weekend. DOT Mary Peters even agreed with SWIFT, all a money making scheme, how well are you versed in what im asking you. thank you MIKEE
     
  5. dancnoone

    dancnoone "Village Idiot"

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    I'm versed well enough to know, they shouldn't make you aware of an impending random drug test. It defeats the purpose.

    And well enough to know. It's a private matter, regardless of the results.

    QualCom communications are generally saved for several months. You'll need documentation of the send and receive (read) times. That requires a lawyer.

    If this message was received on the weekend. You have a real axe to grind. As I know very few facilities open for testing during that time.

    Even if the call was made on a home phone, it's documented. It can be a pain in the ### to get, but the record is there.

    Either way you go. You will need the assistance of a good lawyer. And you need to move quickly, as some records will get deleted after time.

    At my last recollection. You can not be pulled in from an off duty status, for a drug test. You may want to have that double checked.
     
  6. gearjammer-2000

    gearjammer-2000 <strong>Clutch User</strong>

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    Dec 18, 2007
    columbus Ohio
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    I believe you can be drug tested anytime but only alcohol tested if in service.

    i also know that once informed of a test the clock starts and you only have so much time to get the test done, I can't remember how long but there is a time limit.
     
  7. dancnoone

    dancnoone "Village Idiot"

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    You are correct on point 2, to a point. You have 3 hours to produce a specimen, at the collection site. You must proceed directly to the collection site, once notified.

     
  8. MGASSEL

    MGASSEL Road Train Member

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    He should not of answered or looked the qualcomm message until he was ready to roll.
     
  9. bigrigdriver229

    bigrigdriver229 Light Load Member

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    Dec 19, 2008
    watervliet, ny
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    yeah I know, i'll just get the 600 to 700 up go to the counselor for the class and get cleared and get released to drive OTR again. its been almost two yrs since SWIFT, 10 yrs of driving. this has neer happened. I drove locally after that until cut backs cause a layoff and unemployment. thanks for the advice MIKEE
     
  10. dancnoone

    dancnoone "Village Idiot"

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    You may want to rethink even that. Do a search within this forum regarding SAP. You'll find several threads by drivers, who still can't get a job.

    Once it's there, it stays. No amount of sugar coating will change the outcome.
     
  11. bigrigdriver229

    bigrigdriver229 Light Load Member

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    Dec 19, 2008
    watervliet, ny
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    Then i'll have to make a call to SWIFT and put some pressure on them and get letters from every company i've worked for and go to the media. I hear alot of stuff about other companies but never as baad as SWIFT. I know what your saying i have to search the threads, this is like going on 2 yrs now and its crazy. I guess a letter to the President of the USA even if i have to. these companies have to be derailed like they derail us drivers form our livelyhood. its all a money game to them ,,,,thanks for that input. thanks MIKEE from Albany,NY
     
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