Clearinghouse issues from 3 years back

Depending on the cause of the injury at work, the employer, etc the drug test could be required by insurance or the regulations. Once you have a CDL you should assume a drug-test is in your future at all times. Workman's comp is likely to be VERY interested if the employee "caused" his accident or self-impaired his condition which caused the injury. That's my guess.

 

Drug use is an affirmative defense. Self inflicted, Horseplay, and criminal/drug use.

 

OSHA forbids employers from having a policy of requiring a drug test after an accident. It tends to discourage employees from reporting injuries. An employer may only require a drug test if they have reason to suspect that drugs may have caused the accident. That's not a workman's comp requirement though. Now if they do a drug test for some reason and he tests positive then workman's comp eligibility might be affected.

CDL holders are only required by regulation to have a drug test if there was an injury or a fatality resulting from the accident. And even then only if it was a accident while he was driving. He didn't say he was driving a truck. He said he fell.

 

Or a reasonable suspicion test..Or op is from Florida where employers are allowed to drug test for a workman comp claims.

 

Always take your medications with you, if the medications are on the list of not approved drugs for DOT physical or drug test. Show the medications to the people giving the drug test.

 

And that is what the MRO spoke to you about. His job is to determine if the dubstace was actually in your system or if you were taking something else that could cause a false positive. Once you admitted you were willingly taking these substances, prescription or not, it was game over.

A MRO must certify a result as positive if there is a legitimate reason it was in your system. A prescription does not supercede the table of prohibited substances, except for a few very narrow situations, and then only on a handful of substances.

Also, while you can file a DataQ challenge as suggested elsewhere in this thread, it most likely will not lead to a changed result. MRO decisions are final, by regulation they cannot be undone unless there is proof they attached the wrong information to the worng person or something like that. Their medical decision on the valid positive result is final.

 

No, he had been taking these prior to the injury, one for 7 years prior.

 

It just occurred to me, no one has asked the most obvious question yet. Are you still taking oxycodone?

 

Failing a drug test is horrible. I have to go through the experience and nobody wanted to to hire me.