Drug Screen Refusal LIE by Prev Employer

I could be wrong but my take was he dosent want to pay for sap and wants to wait it out and apply elseware

 

Yeah, you could be right.. Who knows? lol I just hope this guy realizes he screwed up at this point and if he fixes it doesn't make the same mistake

 

Well depending on the company and your relationship with them, I think that this should have been handled differently. I'd be thinking about a lawyer. Did they record the call? Can they prove that they called you or is it a "He said, she said" argument? I'd argue that I never received the call or that I wasn't the one who answered the phone. Say that my neighbor sometimes answers my phone and he sounds a lot like me. I mean, if you have a good record and no history of dui and drugs, someone somewhere should take your case and fight for your ability to work. Maybe it's too late for you since you are commenting in a forum that you did take the call and it sounds like you probably admitted to taking the call.

Regardless, you need a lawyer.

 

I agree, but it might been a lot easier if he knew the regulations from the start. It's all there in the little green handbook from the FMCSA.

 

Due diligence. When I'm at home, I don't answer the phone. You could switch to a Google Voice number and block all calls from everyone except your friends and family while you are home. At the very least screen your calls. This is a good lesson for people who don't know anything about the transportation industry's practice of making sure that operators aren't drunk or stoned while driving trucks, operating trains, or flying airplanes.

 

technically you do not have to submit a drug test when you are on hometime, i know many are going to argue this and those who do i challenge to read the FMCSA handbook 49 CFR 382.305(m)

 

function. The collection site instructs the driver to submit to a random drug test and a random alcohol test. The driver tests positive for the random alcohol test. Is the driver required to undergo the return-to-duty process before performing safety sensitive duties again as a result of the positive alcohol test?
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No, 49 CFR 382.305(m) states that “A driver shall only be tested for alcohol while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.” As such, the test was improper. The driver does not have to complete the return-to-duty process. The employer must cancel the improper alcohol test, documenting for the record the circumstances resulting in the cancellation.

 

You are correct. On your on Hometime you do not have to submit to a drug test or alcohol test.

 

should be able to contact FMCSA and get the mark removed from record i think, Correct?

 

49 CFR 382.305(m) only talks about an alcohol test, not a controlled substances test (drug test).

No mention of “controlled substances tests” is made in that section and virtually all other sections say “alcohol and controlled substances tests” so this section only applies to alcohol tests, not drug testing.