false pos pre hire jb

Discussion in 'Trucker Legal Advice' started by fixit5000, Jan 23, 2009.

  1. fixit5000

    fixit5000 Bobtail Member

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    Jan 23, 2009
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    i was on vicodin, tylenol 4 because of back injury . went to jb for ic program and they had me down there for 11 days waiting drug screen to come back and it came back pos for coke ,when i goto sap will i get a job. who will hire me. i dont do drugs. i drink ,i have had 3 randoms with swift with no problems in the last 2 yrs . who will hire me
     
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  3. PharmPhail

    PharmPhail Road Train Member

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    The test for cocaine is very sophisticated. It looks for benzoylecgonine which is a substance cocaine becomes inside your body after it has been digested. It is distinct for cocaine and there are no false positives from other foods or chemicals. The codeine and vicodin cannot create it either so there is no relation.

    You will be stuck with that test result unless you have a lot of money to sink into a lawyer to investigate any possible chain of custody mistakes. The science of that particular part of the test is solid and can't be challenged.

    Right now people can't find work in trucking for a single speeding ticket, or a single DUI from decades ago. You'll probably have to look into something else for now.
     
  4. dancnoone

    dancnoone "Village Idiot"

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    PharmPhail is correct.

    Positive for cocaine is a done deal. Unless you can prove chain of custody issues.

    Going to SAP won't help. Companies don't really care about that.

    Cocaine is the drug of choice, for most trucking drug users. Due to it's short lifespan in the body. And companies are aware of it.
     
    psanderson Thanks this.
  5. psanderson

    psanderson Road Train Member

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    Neither Vicodin, nor Tylenol 4 (4mg. codeine) will show positive for cocaine but rather, you would have been positive for opiates. In addition, the federal rules disallow you from driving while you are under a doctors care using any schedule II drugs which Vicodin and Tylenol 4 are. Further, if you disclosed those medications to your perspective employer as required on the medical form the carriers medical professionals would have disqualified you medically until such time as you were no longer under their influence as required in the regulations.

    Pharmphail and Dance694u are correct in their assessment of your positive, how it is/was determined, and your possible employment.

    I also find it remarkable that a physician would risk his/her medical license prescribing two opiates, or synthetic opiates in the case of the vicodin, at the same time unless you went to two different physicians; or are you attempting to give yourself an excuse. I do believe that if my dad were still alive (he was an M.D.) he would have recommended you for some counciling if you were under his care, and he discovered you using that much if in fact you are.

    I would suggest that when you see the S.A.P. you tell the complete truth including a complete list of medications you are consuming. Then perhaps you will find a job, but probably not driving for a long time, unless you are accepted by a less than honorable motor carrier. In these tough economic times you may find it impossible though as motor carriers can now afford to be very picky with whom they accept.

    I wish you success in finding suitable employment.

    From a retired federal DOT official.
     
  6. shredfit1

    shredfit1 Road Train Member

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    The test for Cocaine IS very sophisticated and DOES test for the benzoylecgonine metabolite. The test IS NOT entirely foolproof, or correct ALWAYS.

    Assuming you don't(or NEVER have used) Cocaine... there ARE some things that MAY cause false positives.

    Amoxicillin, could cause a false reading.

    Certain topical(many times older) anesthetics were derived from cocaine(the coca leaf).

    Liver Disease

    Kidney Disease

    Diabetes

    Certain(usually foreign) teas

    It could be as simple as human lab error.... The lab tech or MD doing the test gets a phone call and mistakenly uses a positively tainted pipette for your sample. (check sample #'s were samples ahead of yours positive?)


     


  7. know its off topic but poppy seeds will make you hot for opiates of however you spell that
     
  8. 1pissedoffdriver

    1pissedoffdriver Account Retired at members request

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    :biggrin_2554:GEEEEEEEEEEEEEEEEEESHHHHHHHHHHHHHHHHH AFTER READING THIS I NEED A HIT ON MY BONG....LOL:biggrin_2554:
     
  9. shredfit1

    shredfit1 Road Train Member

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    LOL! Shame on you... here, here, here, snort/cough, here... passing the device.

    :biggrin_25525:
     
  10. dancnoone

    dancnoone "Village Idiot"

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    True. But the odds for a false on Cocaine are so low, it leaves more questions than answers.

    True again, BUT....

    Topicals using cocaine are limited to dental surgery use, and strictly controlled by the DEA. Any use of said topical, is required to be done with the notification of the patient, and documentation within the dental records (for the DEA) and paperwork sent with and signed by the patient.

    A dentist that uses cocaine based meds, is required to account for every gram, at all times.

    Said patient would have been duly informed, and required to have transportation from the facility.

    It took me 3 weeks to find this out. I was concerned about a false positive due to a topical "caine" solution.
     
    psanderson Thanks this.
  11. psanderson

    psanderson Road Train Member

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    Moline, Illinois
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    Right again, Dance69.

    I personally believe this person posted this to see what reactions he would receive and have people become sorry for his plight, so he comes up with the opiate story to make it sound better. Anybody taking both Vicodin 5/500's and Tylenol 4's would be so out of it he/she wouldn't be able to stand unless they were hooked on them from a prolonged exposure, but then they would be positive for the opiates even on a 5-panel, let alone a 10-panel.
     
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