Drug Screen Refusal LIE by Prev Employer

It's called reading comprehension, not interpretation, something that our judges and lawyers have forgotten how to do. In other words legislating from the court room.

 

Ever since the OP posted that problem I have been searching for what is the correct procedures. The first was that any driver that is going to drive must be made aware of the companies policy on drug testing. There's a set limit of time and each terminal my have there own except for pre-employment testing. The company must inform you of the time limit. Of the top of my head it can not be longer than 2 hours but can be adjusted lower if the lab is very close to the terminal.

The company is responsible to ensure you have access to transportation to the lab. This company was stupid for not waiting to notify. The person that is designated to inform employees should have waited however, he or she must inform the driver before any other driver (employee) goes ahead of him. Once he's notified that he has a test then he is switch to an on duty not driving status. With this that person should get paid for all his time to do this test. During this process when the driver is notified that's when the trigger is pulled. There's was this driver on here some time back that after he was notified he made the lab within the time limit but the lab was closed. They put him down for a failure.

The only way he'll be able to come back to driving is come in through the return to duty process. I believe he'll have to pay this out of his pocket. Getting all bent out of shape when notified your up for a test will only talk yourself out of a job. It's a long confusing requirement starting with the company informing you how their program is set up. The FMCSA little green handbook has laid out this problem to where most of the time they throw more confusion into the game. They try to cover everyone but when they can not they will just refer you to a point where they can. Like when it tells you to go to section 40 and there's no specific instruction they will say check with the policies of your company and so on.

I believe this guy will never drive again unless he becomes real friendly with the return to duty people. Most everyone here gave a place to look and gave a direction to head when all the requirements went south. However, I believe it's lawyer time if he wants to drive. I believe the company screwed up when they notified him on his day off and should have waited as long as they could. I'm sure they had no idea if that person had transportation available to him to meet the lab. Thank you all for all the time spent on this one.

 

Question concerning this whole thread...

The OP was on hometime in April, when he refused to take the drug test...

at that point he can no longer drive for anyone...

So did he continue to drive for Total transport until December when he posted this?

Was he unemployed? collecting unemployment? working somewhere Else?

Why did it take until December for him to discover he can no longer drive since he refused a drug test?

 

Look on the bright side, now you can go out and get high all you want.