false pos pre hire jb

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

  1. dancnoone

    dancnoone "Village Idiot"

    9,922
    3,713
    May 6, 2007
    Mississippi
    0
    I can eat Tylenol 4's for breakfast, lunch, and dinner. And still stand.

    Vicodin...puts me flat of my ###. But they don't stop pain.

    Severe pain for me, usually requires a local, or morphine. So I've developed a high threshold (for pain) over the years. Which tells me, I'm going to be seriously addicted, when my body finally falls apart completely.

    I don't have to remind you, but I will LOL. Differant people react differently to all drugs. A certian "non" narcotic, will make me comatose for 10 hours. Yet it's prescribed every day for lots of Americans who walk down the street (and function perfectly) using 10x what it takes to knock me out cold. And it doesn't show in a drug test.
     
    panhandlepat and psanderson Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. shredfit1

    shredfit1 Road Train Member

    1,290
    583
    Nov 24, 2008
    MN
    0
    I seem to remember that the original formula for Anbesol(mouth/tooth pain relief) was derived from the 'coca' plant. Possibly could lead to a false positive... This stuff was over the counter in the 80's. Of Course, they have changed the formula and it doesn't work well anymore either.(I suspect this older Anbesol would certainly give you a false positive for cocaine)

    Heck some people had/have stuff in the Med cabinet for years... I still have a bottle of mercuicrome... have not been able to get that stuff for years.
     
    Last edited: Jan 23, 2009
  4. ElevateMe

    ElevateMe Light Load Member

    78
    39
    Nov 20, 2008
    United States
    0
    when i started as co driver they tested hair and urine. i think a re-test using hair would help in the chain of command challenge; perhaps use same lab as jb, if u can afford it.
    in the early day of testing false positives were discovered, but i believe they have evolved techniques to eliminate false positives.
    there has to be sufficient amount of what's called a metabolite, of that drug tested for to call it a positive; this is to be sure u actually ingested a drug willfully.
    i would agree this is a legal battle, then perhaps file counter claim
     
  5. psanderson

    psanderson Road Train Member

    1,029
    402
    Oct 13, 2008
    Moline, Illinois
    0
    Right...........if you eat about 12 pounds of them or the clinic is using a 10-panel test as opposed to the 5-panel used for trucking.
     
  6. panhandlepat

    panhandlepat Road Train Member

    3,255
    2,243
    Jan 12, 2007
    0
    i knoiw thats right!! seems like the only pain med that works with my body chem is lortab.
    after gaving back surgery they had me on morphine but that did NOTHING, so they had to give me dilauded on top of it.
    also having LOTS of dental problems over the yrs been triasl and error on what worked.
     
  7. fixit5000

    fixit5000 Bobtail Member

    2
    0
    Jan 23, 2009
    chicago,il
    0
    i dont do drugs, i got the meds and only use 4 or five in the 6 weeks of physical therapy. i just want to know if it was worth going to sap or not . i will find some other field , thanks for your advice, stay between the lines trucker (out)
     
  8. psanderson

    psanderson Road Train Member

    1,029
    402
    Oct 13, 2008
    Moline, Illinois
    0
    As a retired federal DOT official do you know how many times I have heard the statement "I don't do drugs" after someone has tested positive?
     
  9. shredfit1

    shredfit1 Road Train Member

    1,290
    583
    Nov 24, 2008
    MN
    0
    I suppose it has NEVER occurred to you that at least SOME would have been truthful in that statement.

    :roll:
     
  10. Mike_MD

    Mike_MD Medium Load Member

    352
    240
    Feb 4, 2009
    O-Zone
    0
    I try not to be judge, jury, and executioner. I agree with many a false postive is not very likely; however, the rules are here to be followed when good and bad occur. Enforcers cannot selectively choose which rules will be followed and I firmly believe that knowledge is power.

    The test at JB was a pre-employment test, I imagine JB is a DAC carrier and as such reported the positive to DAC Services (USIS). Thereofore any subsequent application to a DAC Services user will reveal the positive drug test.

    However, not every carrier uses DAC and therefore honesty and the subsequent employers' knowledge of the FMCSR may work to your advantage.

    If the carrier ask you would be required to answer honestly:

    You are required to see a SAP and have the required minimum six follow-up drug or alcohol tests performed:

    Failing to see the SAP and subsequent SAP program may result in a penalty. The carrier that hired you without inquring whether or not you ever tested positive during a pre-employment drug test would also be subject ot penalties for failing to follow Part 40 and possibly for using a driver that tested positive without a return-to-duty test. Of course then the cat is out of the bag, you'd be terminated and then have a helluv a time finding work. :biggrin_2551:

    Be safe.
     
  11. psanderson

    psanderson Road Train Member

    1,029
    402
    Oct 13, 2008
    Moline, Illinois
    0
    If they were prescription drugs the MRO should have turned the positive into a negative under the NIDA and DOT rules. He should have asked you for the prescription number and confirmed the prescription was for you then it would have been a negative. The MRO has the right and duty to do so. If it was your wife's prescription it would have been a positive though because it wasn't your prescription.

    So I suppose the next question should be what was the prescription drug that made you positive for cocaine and for whom was it written?
     
    Last edited: Feb 7, 2009
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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