Black balling and DAC

Here is a story for all truckers...its the story of how a company and a hospital destroyed my husbands trucking career. My husband was an owner operator and was sent by the carrier he was working for to have a random drug test. Upon arriving at the hospital, he was unable to go. They contacted the carrier and stated he "refused" a drug test. This entire process was 30 minutes long, forget about the 3 hour time period allowed by federal law. The carrier in turn reported it to DAC. Naturally this resulted in a black ball situation.

Ready for the best part? Neither the hospital nor the former carrier have a copy of the 49 CFR Part 40 Federal Drug Testing Custody and Control Form better known as the "CCF"!!! Somehow the hospital misplaced it! They have no proof that he passed, failed or refused this random drug test, however he was terminated on the spot because of it. It was placed on his DAC record, and his career as a driver was over.

We have been involved with this lawsuit for 4 1/2 years. We go to trial in November. We have lost everything, our home, cars, the rig and ended up bankrupt because of it.

The funny part of the whole thing is the Federal Government. All these rules and regulations are for the driver period. No one cares if a carrier was wrong or if a hospital failed to perform their duties as medical professionals regarding the sensitivity of drug testing for drivers. Everything falls on deaf ears. The driver is always wrong. No one from the federal government will even investigate what happened to my husband, however they will jump down any truckers throat if god forbide they did something wrong.

My question is this for everyone that reads this story...have any of you ever heard of this happening to someone else? That your labeled and black balled due to a refusal with no copy of the CCF?

We are going to win this case in November. This win will be for the drivers this time, and this case will set presedence for others who have been wrongfully accused of refusing a drug test in hopes that no one will ever have to experience the pain that we have endured with this nightmare.

After this case is over, I will post what company this was to warn other drivers not to work for them.

Thank you all for reading my post. Stay safe and keep on rolling!

Pattycak

 

Hi Everyone, and thanks for your responses.

I am new, and hope I am replying correctly.

Question was who are we suing. We are suing both the Company and the Hospital.

Unfortunately, its very difficult to sue DAC. I had heard that OOIDA sued them but lost. Not quite sure on that story. However DAC is a reporting agency and all they do is report. They report whatever their client tells them. They don't have to check it out, they don't need proof. Best part, even if a driver were to write and dispute something on their record, nothing will change for the driver, he will still be blackballed. It boils down to their word against yours, and guess who wins? Not the truck driver thats for sure!

I WISH we could sue DAC too. It just seems so unjust that a simple entry on ones record could destroy their whole world. Expecially when its not true! Good luck getting it off your record. Alcohol and drug stay on DAC record for 7 years! No carrier will hire you with a refusal on your DAC. Say goodbye to current experience. Work for peanuts in 7 years.

As far as the Federal Motor Carriers, thats a joke too. All these guys do is hammer the driver. God forbid your overweight, or your logbook isn't current. BUT let them make a terrible mistake to YOU, and you can't even find someone that works for them to investigate the company or hospital error. No one cares, your just a truck driver. That to me is sad.

My husband was a truck driver with 23+ years with millions and millions of miles under his tires. He started with this company and worked for them for 5 years as a company driver, and in his 6th year he entered into a lease-purchase agreement. He finally grabbed that brass ring. He bought his own rig. He had 5 payments left and it was his. It didn't happen. He couldn't pee. Was terminated on the spot. Labeled a drug refusal. DAC entry. The rest is hell history.

As sad as this whole story is, it just makes me more mad and more determined. At trial, both the company and the hospital will be sad. Sad that the fact that they both screwed up and it became public record exposing them for the mishandling of someones life that holds a CDL. This time it wasn't the drivers fault, and they are going to be held accountable for their actions.

Stay safe and keep on rolling!

Pattycak

 

Here is more on this company.

Not only did they report to DAC, they included a comment on the DAC record which read - "Call for Verbal".

Has anyone ever heard of that type of statement being placed on a DAC record???

A call for verbal? Federal law states a form is to be sent from a potential employer to the former employer to be completed when considering a driver for employment which would detail the drivers driving record with them.

The company never has answered any potential company in writing.

However would "verbally" black ball when a potential employer inquired about the driver. Great way to cover their ##*, or so they think.
They would never reply in writing, thus the driver did not get the job.

These companies have gotten slick now. When a potential driver applies, they immediately ask for your social security number (trust me, they check your DAC). You'll never hear from that potential employer again, believe me!

Keep safe, and keep on rolling

Pattycak