Random drug test question

I just overviewed part 40 (The drug and alcohol testing provision) and did not find anything either way. If you want to read it yourself it's at 49 CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS

Otherwise all I can suggest based on the specificity of the question is the boilerplate "Find a lawyer that does drug testing cases and ask him"

 

It all depends on if that current employer utilizes DAC. If they don't utilize DAC, then it doesn't matter. The megas all do, so if that driver tried to get on with the big companies, then he'd have to disclose it I think. The question is, do you report to DAC?

 

Come January 06 2020 their is going to be a crapload of job vacancies

 

Me neither... ugh.. too old for this.... lol

 

According to FMCSA reg 382.301 if a applicant meets the exceptions of this part the new company wouldn't have to conduct a pre employment DOT drug screen, the company you described in the original post should have known they could " roll him over into their DOT drug testing pool" since they knew where he was coming from. Question that would need to be asked is was it in fact a DOT pre employment he/she failed? If they were going to roll him over it could have been a non DOT test that would have no effect on the drivers DOT standing. Most Non DOT test actually have limits lower than a DOT test, more people fail a NON DOT than a DOT test. An instant drug test or any test that is not administered per FMCSA DOT Drug and Alcohol regulations has no effect on a DOT Regulated Employee conducting Safety Sensitive functions, this includes a CDL Driver. This doesn't answer your questions but until it is known whether the failed test was DOT or NON DOT it's all the info I can give right now.

 

Gotta get my muck boots out for this post. The bs is starting to get real deep now.

Are you sure about that? Got a link that says such?

 

I have an answer for you. But ... let's get through your post.

I also run a "small" trucking company, nothing crazy either.

BUT I don't have a girlfriend.

Sometimes I wish I still had one, that's the crazy thing in my life, too many women telling me what to do - Wife and daughters.

As for your drug testing knowledge, as a small company, most likely local, chances are you won't need to worry about it.

However as someone who worked for a contracting house (that is a company that places contractors in different jobs for customers because they need flexible labor), I know all too well what is needed and not needed.

OK the term that needs to be used is conversion. A contractor (someone employed by your girlfriend's company) is an employee of that company. the company that has contracted with your girlfriend's company (customer) converts them from a contractor to employee. The reason I say this is because when the term "selling" is used, it invokes emotion to those who have an ancestry of slavery.

That said, this is a common practice.

Got it.

Why?

Here is the thing, that's the customer's problem, not your girlfriend's company's problem.

Here is why.

The driver is applying for the company's employment which has ZERO to do with your girlfriend's company and their business practices.

Your girlfriend's company has a contract to provide labor, not a named driver and because of that fact, the payment is made to release the driver to allow him employment at the customer's company per the contract with the customer, nothing else.

When the release takes place, that driver is the problem of the customer, no one else.

Unless there is a liability clause involved with the conversion within the contract, then there is no obligation to "refund" any money.

As a consideration your girlfriend's company can offer another driver at a lower rate but refund?

no

All the drug info and FMCSA requirements are meaningless and really doesn't matter.

 

I had an "easy" run today so ,I think I "grasp" what youre "getting at".LOL Anyway,failed DOT drug test is what it is(a failed DOT drug test).While a handful of states ...Dont require reporting it to the State...yet.And "Must" be Reported to future Companies of employment for the said driver.Irregardless of all that.Driver "MUST" immediately be Removed from all CDL driving.You cant "get over". "Well ,he failed the test for England,but Not here at Werner (where he still has a job) No,must go thru a SAP program(a DOT qualified SAP.If you take he/she "back" and theres a wreck...You risk lawsuits and Shut Down or worse.A Matlock lawyer "uncovers the failed test", and you take him back(thinking nobody will ever know? Very Risky.At least seemed like what you were asking? JMO

 

We are slowly becoming a nation of drugged up idiots, so it seems anyway. Trying to put to "sleep" what little brain they have to begin with.