Clearinghouse issues from 3 years back

they have to be tested if a vehicle is towed also whether there is an injury, fatality, or not.

 

When you do your DOT physical, they ask what medications are on did you put that down

 

Well, I am sorry that it didn't help you lose weight, but glad it didn't make you turn to real meth. My ex girlfriend turned to a meth junkie that I think started with phentermine. She got on that phentermine and within a month went nuts.

 

This is not true. The ONLY party that can report "actual knowledge" is the employer. It almost always is preceded by "Reasonable Suspicion" Its clearly written in the DOT Regulations.
§ 382.107 Definitions.
Actual knowledge for the purpose of subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in § 382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under § 382.307. As used in this section, “traffic citation” means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances.

None of that definition has anything to do with the MRO. It does not matter what you say to the MRO after the test. The only way "actual knowledge" can be entered into the clearinghouse record is if an EMPLOYER has ACTUAL KNOWLEDGE of your drug use. It would go into the reason or purpose portion of your record. If you have "reasonable suspicion, actual knowledge" in the "reason for test portion" of your clearinghouse record and the reason for the test was something else, you can dispute that and it will be removed.
I was sent for a random test and came up positive. While discussing the test with MRO, I guessed at what of might of caused the positive test. The company I worked for used an occupational therapy place to report the info to the clearinghouse. That employee entered "reasonable suspicion, actual knowledge" on my clearinghouse record. Not only was the person terminated, but I will be receiving a hefty settlement because reporting that false info to the clearinghouse carries "civil and/or criminal penalties"

Also, as long as it is not marijuana, your prescription would of cleared you. The MRO calls the pharmacy and if they verify the prescription is legitimate, the result would be reported as negative.

 

Right. Unless of course the drug in question (oxycodone) is a habit forming narcotic and his doctor won't certify that he's OK to drive a CMV.

I've asked the OP a couple of times now if he's still taking oxycodone and have gotten no answer, so I assume it's a yes.

What medications disqualify a CMV driver?

 

The actual knowledge violation, if that is even what is recorded on his Clearinghouse record, happened the moment he admitted to his employer he had been using a prohibited substance. I said nothing about the MRO or C/TPA reporting it to the Clearinghouse in my post, only that the MRO would have reached out to the driver to confirm the legitimacy of a substance prior to certifying it as positive.

You are correct, there are very limited circumstances where an actual knowledge violation may be reported to the Clearinghouse which is why hair testing results, even when positive, are still excluded from the Clearinghouse and only the US DOT approved urine test results are recorded. I believe the driver’s admission to using multiple prohibited substances, despite their intended use or even under Rx, since there was no doctor note saying he was safe to use these substances as required by 391.41 (12)(b)(ii) makes the test, and if so reported, actual knowledge violation stand.

The only complicating factor is, as posted, this was the result of a injury drug test related to workers comp, so unless that injury also happened in a CMV and met the threshold of a test required crash, the reporting to the Clearinghouse may be clouded by the source of the admission to using a prohibited substance. If there is any groud to challenge this report that would be it.

Great response. I appreciate the constructive feeback.

 

On March 11, I did a pre employment drug test for a Trucking company The Mahoney Group out Charlotte NC . March 14 I have text messages showing Raynard Mahoney the owner told me I pass the drug test . March 17 he a had load book for me to take too New York , l wasn’t able to make it because later on that night my house got shot up . I notified him sent a paragraph explaining what’s going on sent him pictures of the damages . We haven’t spoke since March 18 the day of me telling what was going on. March 24 he put a violation on my Clearing house profile that put me in a position of prohibited status . Basically I can’t drive for nobody or work he defamation of character he tried ruined my career. I’m distress can’t provide for my family or myself, lm really depressed about the situation l don’t sleep at all and living with trauma. He falsifying information and getting away with it. He stereotype me discriminated me in all ways possible. Raynard Mahoney he admitted to my Cdl consultant we haven’t spoke or was I never was known about another drug test .

 

Missing your first load because your house was shot up is the problem. In his eyes, problems from day one.
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Does the drug test result show you failed the drug test?
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Do you live in Charlotte?

 

I live four hours from Charlotte and my neighbors apartment was shot up . So the walls are thin . Bullets travel over My mom and sister live here . I’m not gonna drop everything and take a load to New York . I gotta protect my people we almost lost our lives . He put a refusal on my clearing house on March 24 . But the test was on the March 19 . Same day he book another load for me to leave out . You only have 3 days to turn test results in . He took 6 days

 

No I never failed the drug test . I clearly told you I have text messages showing on March 14 he said I pass . I took that test on March 11