Drug Test Negative - Still Fired?

There are clear and distinct rules in place for how the tests are performed, and they are defined here:

U.S. Department of Transportation/ Office of the Secretary of Transportation/ Office of Drug & Alcohol Policy & Compliance

What you will read is this:

When you give a urine sample, you will be present during the entire time that you will give the sample, and it will be divided into to two separate bottles. They will be filled, sealed and packaged right there in front of you. You will initial the seals, and the form acknowledging that you were present during the sampling process. Once they are received at the testing lab, if the first bottle shows a positive result or an inconclusive outcome, the second is a backup to that.

I have never been to a place that actually does the testing for DOT drug and alcohol testing. There are only a few places approved to do this, and they are specifically chosen and approved by the DOT/FMCSA.

No. But due to the specific chain of custody rules in place, I don't see a need for this. The tests are very sophisiticated, and very accurate too.

It is almost unheard of.

What it sounds to me, is that the hospital took the sample and analyzed it on site, without any controls in place at all. When drug testing first hit the trucking scene, there were similar problems. There are many products on the market that contain quantities of substances that will trigger false positives, and they should be avoided.

Products containing Ibuprofen, Fenoprofen, Naproxen, Ephedrine, Phenyloproma-nolamine, Codeine, and Dextro-methorphan will trigger false positives.

Some of these products?

Advil, Datril, Motrin, Nyquil, Alka-Seltzer Plus, Allerest, Contac, Dimetapp, 4-Way Nasal Spray, Sine-Off, Triaminicin, Acetaminoph w/ codeine, Dristan Cough Formula, Formula 44-D, Robitussin-DM, St. Joseph's Cough Syrup, and Vicks Cough Syrup are among the more well known and recognizeable over-the-counter products that if taken in sufficient quantities or shortly before giving a sample, that may well produce a false positive.

If you drive a truck, and are subject to drug and alcohol testing, the above and similar products should be avoided altogether to eliminate any problems, or at the very least, do not take them for at least 36 hours prior to being considered remotely subject to being available for a random or an expected drug and/or alcohol sampling.

Mouthwashes, some of which contain alcohol should be avoided as well.

Any time that a test comes up positive, a representative is supposed to make every effort to contact you FIRST, before reporting these results to the company, but I am not convinced that this is done each and every time, but an immediate contact number to yourself is the best way to avoid any issues. This will be done before the second sample is tested, to allow you to offer any explanation as to why the test is positive. If you have reason to think that you may have ingested any of the above products with a time frame that may have triggered a false positive, THAT is the time to declare it. The labs can screen for legal quantities of over-the-counter medications, through means of additional testing.

Never refuse to take a test because you have ingested any of the above and fear a positive result, because the rules are clear. Refuse to take the test, and it's considered an automatic positive in the eyes of the FMCSA. Submit and hope for the best, or avoid these products at all times to alleviate any concern.

 

I don't think that anyone is talking about pot smokers as if they are doggie dumpings. But the fact remains, that everyone has choices and priorities in life. When one or the other interferes or can severly contradict the other, it's hard to be entirely sympathetic towards those who take the wrong road.

Understand that it may not be viewed as the wrong road because of the choice itself, but because they should have understood that there are implications and consequences for doing so. In short, if people disregard a law, and they are caught, it's hard to feel sorry for them.

I'm sorry, but although I have no issues with anyone at all that wants to sit in the comfort of their own home, or anyone else's for that matter, and desires to get completely wasted, I do take issue with that same person if they get onto or into anything that is capable of achieving the speed exceeding 5 mph, when they are required to control that device entirely.

If they hit and maim or kill someone under any circumstance, it is quite equivilent to murder. They should not be in control of a motor vehicle. They have no right to be in control of a motor vehicle. What they have a right to, in my personal opinion, is to be completely wasted and to be within the confines of their home. That's it.

Fair enough, but that's not always the case, is it? In a perfect world, people would take complete responsibility for their actions, and would never take chances that would harm others.

In the United States alone, approximately 16,700 people die in alcohol-related motor vehicle crashes, representing 39% of all traffic-related deaths (NHTSA 2005). About 1.4 million drivers are arrested for driving under the influence of alcohol or narcotics (Department of Justice, 2004). Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol (Jones et al. 2003). More than two-thirds of child passengers ages 14 and younger who died in alcohol-related crashes during 1997–2002 were riding with the drinking driver;(Shults 2004). These facts are collected and attributed to the CDC website:

Impaired Driving Facts - NCIPC

I'm sure she's done more of that than any of us could ever begin to attempt. And after all, we are merely discussing the issue. Opinions are healthy, even when they take on a tone of condemnation. This is an issue that people have a right to be a little indignant about, one way or another.

While I am not perfect, and have made my share of mistakes in life, one thing I can stand up and state is that at no time have I EVER endangered the life of another person, at least that I am aware of. At any time that I have ever partaken of the forbidden fruit in my younger years, I never got behind the wheel of a motor vehicle. I also have never taken chances with consuming the stuff, knowing that I may be randomly selected for testing.

I understand completely where you are coming from, but think of the good that can come from these kind of discussions. If someone is reading this thread, and is a user of any description, and they like their job, they may decide that the risks are too great, and they may lay down the doobie or the bong.

I disagree with the fact that marijuana is illegal, but I respect the fact that it is, and I think that this distinction has to be noted. I could easily take my disagreement to the next level, and disregard it, but where does that ever get anyone?

Read the first post.

Ignoring that, and offering sympathy does no good in situations like that. And let's be honest. She's looking for a loophole, not that I blame her in the least. She's facing a hardship too, that to our knowledge, was not her fault at all.

By discussing this and looking at it from all sides, is a good thing, even when it involves a little criticism as well. We all benefit from it in some way or another.

 

Not to completely contradict you, but Las Vegas is one city in Nevada where prostitution IS illegal. The state allows it, but certain cities within the state prohibit it. Your point was valid, and I don't want to take away from it, because it's a good one. I just didn't want someone to read the above, get all excited, and to book a flight there tonight, just to be disappointed all over again.

I don't think this was directed in my direction, but my Pop is a cop, and we see this from different directions all the time. Of course, he's never tried the stuff, and I have, so it's easy to understand why some people see it differently.

I have extended family members that are literally potheads, and I see a little of both sides of the issue. I've got a nephew that is a daily user, but he owns his own business and works hard at what he does. On the other hand, I have two brother-in-laws that are quite the opposite. They are worthless. They sit around wasted, looking at every site that hints at conspiracy of any kind, and spout the stuff at family gatherings. Boy, do I have fun at those things....

Anyway, like I said earlier, a healthy debate on issues like this is a good thing, as long as we can understand where everyone is coming from, and can respect people for their opinions. I think this is a thread that has shown that it is entirely possible to do this, with just a little hint of aggravation in differing opinions.

I think I'll live to see Mary Jane legalized in this country, and that will be a good day indeed, as long as people will show a little respect for the rights of others not to be directly affected in the choice of some to partake of it's pleasures.

In fact, let's petition the Government to send mass quantities of the stuff to the middle east, with a load of rolling papers and a truck load of brownies for a little snack afterwards. That might solve some issues over there in and of itself. After all, it's a little hard to take up arms, if you temporarily forget what you were teed off about a half hour ago...

 

If I am thinking correctly they can not put him down as a "Positive" drug test or failed drug test". He can probably go anywhere and apply for a job immediately and get one. He may have to explain the situation, I know several people who only do the 'white stuff" in certain times and would never do it knowing they are going to be behind the wheel. I have heard of companies firing drivers for failing drug test and rehiring them and what they do is give them a test once every month to assure they are not doing any drugs (the test is not a set date either). In this case it would be words against words since they have no proof of what was said in the office! But the point is as you know we dont need truckers out there on the road doing drugs, but it does happen every minute of the day, how do you think we get drugs for the most part?

Has he gotten a job yet? He needs to get a local job so momma can be ANGRY when he is doing what he should not be doing! I wanted to find the angry face, but I don't see it?

 

My feelings are varied for the following reasons.
Drinking , which I enjoy when I have time, makes me happy but slow and stupid. I never drink when I'm on duty. One friend was convicted for DUI after her "friend" volunteered to drive her home. They were sitting still waiting to turn when a car tried to squeeze past them on the right and hit the right rear of her car-the "friend" ran leaving her to face the music-it cost her $5000 and 300 hrs. community service-The guy that hit her got ZIP! Is that Justice?
Pot puts me to sleep but I watched my brother hold a knife to my mom's throat and then punch an 83 yr. old neighbor that tried to grab him when he ran-He had done NOTHING other than smoking weed all day.
Coke: I've done it and known many others who do it with no adverse affects but I also know two guys that have totally freaked and thought someone was after them to the point they were hiding in trees\bathrooms and calling the cops on themselves.
Speed: I love it. I quit almost 10 yrs ago when I decided to drive for a living. I tended to be totally focused on what I was doing and could literally decide what corner of what section of what number on a dart-board that I wanted to hit and did it consistently. It also killed my brother.
I quess my point is, reactions depend on the individual, but the law prevails. I decided a long time ago that my job is more important than my alternate reality.
These are the only drugs that I've had experience with but I feel that they show it is up to the user to control their own actions.

 

I never drank nor used Illegal Drugs. Due to health issues I have to use medical prescribed Drugs and I hate that. I lost my last Driving Job because I refuse to drive while under the influse of the Medical drugs I was on.

As for what Mack saying to a point I would like to see it legalized. Marjianna is a good Pain killer. That would be the only use I would want to use it for. But wait for that reason it is legal in some states... Right?

 

Did you know Anthem blue cross/blue shield will pay for a script of marjuana? No I don't smoke it, but it says it on the papers. At least in Indiana? I am sure it would have to be a legit reason!

Hooray for not taking pain killers and driving a big truck, sheeww I feel a little safer know some drivers do care!

 

I find it ironic that all these illegal drugs are transported by ....Trucks!

 

I'm a huge proponent of legalized marijuanna but I havn't one it in years due to my job. I for one would never jepordize my families well being for a good buzz.
I say good riddence. He should have got fired. if not for the pot then for being a dumb a#@