Drawn for a drug test, company has not booked it, what happens?

Discussion in 'Trucking Industry Regulations' started by Marcos93, Aug 4, 2022.

  1. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    Trying to read the actual regulations and do it without error is a challenge for any company.

    The best practices flyer FMCSA put out(link in post #17) clears up some of your questions.
    But as has been alluded to, the FMCSA takes no prisoners in this area of the regulations.
    Something similar to the IRS, you don't want to tangle with either one.
     
  2. buzzarddriver

    buzzarddriver Road Train Member

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    You should have driven to the truckstop, parked, then Uber/LYFT/ or cab to the clinic.
     
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  3. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    I thought the same would be required, until I read the document I posted(post # 17) from the FMCSA about best practices.

    Apparently the company can set policies that allow a driver to use his tractor/trailer as a conveyance to get to the drug testing site.
    Something analogous to the current FMCSA policies regarding finding a safe parking spot even if your ELD has indicated no more hours.

    In other words, even the FMCSA doesn't cast all of these regulations in stone, there is some flexibility, as long as it is documented.
     
  4. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    I have been called for a random drug test many times where I had to drive the truck to get there. And when called, they had already checked that there was a place to legally park a tractor/trailer. Most times there really was.
    On the other hand, if someone is sent to test because a trained observer had a "reasonable suspicion" that a driver was on drugs or alcohol, then they could not be allowed to drive to the testing site.
     
  5. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    Correct.
    There are at least 4 reasons for performing a drug test.
    Pre employment
    Random
    Reasonable Suspicion
    Post Accident.
    The last 2 leave open the very real possibility that the driver may be impaired, therefore unable to drive safely to the test site in a truck
    The first 2 the expectation is the driver is not a threat to safety if he continues driving a truck to the testing site.
     
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  6. TripleSix

    TripleSix God of Roads

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    Well, reckon I am obviously one too.

    You may want to go ahead and save your money for the lawyer. The company covered it’s arse legally when they gave you the green and white regs book and probably had you sign something saying that you received it. They’re covered.
    Here’s the deal, hand: You signed in at the clinic. As soon as you walked out the door without taking the random, the clinic HAD TO mark you as a refusal. They’re covered.
     
  7. flood

    flood Road Train Member

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    WOW the denial of personal responsibility is strong in this one
     
  8. roundhouse

    roundhouse Road Train Member

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    When I was driving the dispatch would always say “call the safety department as soon as you’re not under a load”

    we all knew what that meant .
    So we’d call safety and say , “I’m in X location , where do you want me to go for my drug test ?”
    And they’d get pissed and say that dispatch wasn’t supposed to tell us it was for a drug test etc .

    I’d reply : “ that’s the ONLY time we get told to call safety when we are not under a load is for the random drug test , it doesn’t take long to figure this out “
     
  9. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    Gee. Where did @sonofsilence go?
    I was looking forward to some more of his expletive laden advice.
     
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