Am I done??

Ah... company policy does not dictate FMCSA regulations, it's the other way around. So, while a company could have a drug-testing policy and make failure to pass a termination event (subject to state laws), if the OP was not in a safety-sensitive occupation according to the FMCSA then his test failure is not reportable according to the FMCSA and will have no effect on his CDL or ability to be hired as a driver (subject to passing the required testing). All CMV drivers might have a CDL, but not all CDL holders are CMV drivers (or hired as such).

 

The deal is, if you have a CDL, your feet are gonna be held to the fire regardless of your qualifications or lack thereof -

These days almost every employer random tests, because it makes them look good in the eyes of the public. And I'm sure insurance BS as well. They think they are dealing with drug free people - L O L

 

Which is why i said he must have been listed as qualifed driver to be in there pool, but as you said, they can have a non sensitive drug policy that could be cause for termination.

 

And as such when a new employer calls, yes they can say he failed a company drug test. Just not a reportable. (Not 100 but thats how i understand it)

 

I would think that would only be the case if the policy is in effect for all employees, or at least all employees of certain classes. If he was in the driver pool by mistake, then I don't think they could report that information to any prospective employers, but that gets into an area of law and employee-rights that he would need to get addressed at the state level.

 

Who knows what the law actually reads.Op said this employer has to report it,post #3.

 

You are correct but that doesn't mean they won't.I would suggest finding a company that doesn't use dac.I think that's where the reported failed drug test is at.

 

OP - Original Poster
op - original post