i need legal advise on drug screening

Discussion in 'Trucker Legal Advice' started by josmo, Jul 5, 2008.

  1. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
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    I forgot to tell you............Since 1996 or 7 if you apply to a motor carrier for a driving job the potential company must also ask you if you have tested positive on a pre-employment test in the last 3-year period. If you tell an untruth on this question it may also be that it could possibly come up on your DAC.

    In addition, the FMCSA should have in place a new rule mandating a computer database by the middle to end of next year that will require motor carriers to show all positives in this database. The rule also requires motor carriers to use this database prior to accepting a new driver. The database is also supposed to show if or not a driver complied with 382.605 (SAP evaluation and treatment). No compliance with 382.605..........no job assuming there is a carrier out there that would hire you because of the increased exposure caused by a positive test.
     
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  3. HIDIVE

    HIDIVE Light Load Member

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    May 15, 2008
    McCoy, Va
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    From all that I've read you're going thru a headake to get into a headake. Had I known 31 years ago what I know now, I would have gotten into cleaning sewers. At least I'd get paid for all the crap that gets slung at me. I don't do drugs, but, on the chance that I'd would test posi. I'd wipe my hands from trucks. To many double standards. Drug tests are just one. You can always be a crooked cop, THEY DON'T HAVE TO DO A DRUG TEST AND GET TO CARRY A GUN!!!!!!
     
  4. psanderson

    psanderson Road Train Member

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    Moline, Illinois
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    HIDIVE: While I was a federal DOT officer I never wore a firearm while on duty (I used to shoot National Match .45 at Camp Pearey, OH for a few years but never on duty). In addition, as a federal DOT officer I was bound by the same drug testing rules as any driver. I was a federal DOT officer from July, 1980 until December 31, 2005 when I retired and I NEVER tested positive for any reason and the federal DOT used the same type test and testing facilities under the same directives as used on you.

    Besides, I'll tell you like I did on another post from this site: Who is "THEY" as in "They don't do a drug test and.... carry a gun"? "THEY" as in a dispatcher? How about a brakeman on a train (who is under a mandated testing program similar to drivers)? "THEY" as in a federal DOT officer, or "THEY" as in a state DOT officer? "THEY" as in the mayor of a city? "THEY" is a very large word when "THEY" is not defined!
     
  5. HIDIVE

    HIDIVE Light Load Member

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    May 15, 2008
    McCoy, Va
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    Va. state police, county police, town police, all in state of Va. so I've been told.
     
  6. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
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    Virginia cannot have any state police as Virginia is not even a state; it's a lowly commonwealth. You should know that being as you live in that commonwealth. There are only 46 states in the United States as opposed to the common belief.

    By whom have you been told? Sounds like bad advice to me.

    I suppose this is my attempt at instigating somewhat.
     
  7. bigrigdriver229

    bigrigdriver229 Light Load Member

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    Dec 19, 2008
    watervliet, ny
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    That sounds about right, I am presently seeing a SAP right now for my situation his fee was the lowest in my area of 400.oo including the follow up. I have to pay for my own drug screen and breath alyzer test 90.00, and go to A 2 hr class on education, I count myself lucky it was not more.But i learned a hefty rule no matter what a #### DM says to you, go to the test 2 hr drive and 15 minutes to do test is better than yrs of aggrevation. peace MIKEE
     
  8. hillbilly delux

    hillbilly delux Bobtail Member

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    Apr 19, 2010
    ft wayne in
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    anyone know if you can be on prescription tramadol and still drive truck ? take the stuff for nerve irratation
     
  9. MrMustard

    MrMustard Road Train Member

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    Dayton, Ohio
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    In general, for any prescription, you need the doctor prescribing it to sign a release form stating that it won't affect your driving.
     
  10. phroziac

    phroziac Road Train Member

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    Gary, IN
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    First of all, dont forget that sometimes there are false positives because, for example, a machine wasnt cleaned out. So maybe he didnt even have it in his system, and the split specimen would disprove it. in that case his admission to being around potheads would sound like a BS story.. Im kind of doubting that here though.

    And what if you were around a bunch of em in a small room? you could easily inhale enough to get a positive.
     
  11. phroziac

    phroziac Road Train Member

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    Jun 16, 2009
    Gary, IN
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    Man i got pulled over by the virginia state police once. They really have them. They really call them that too.

    You'd think they'd call them Virginia Common Police, lol...
     
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