Drug Screen Refusal LIE by Prev Employer

You should rename the thread so new drivers who get told to go test go test

 

should have not taken the call period and since you did shouldve asked if they could recommend a close one to home that uses the same lab. I know when I did mine they sent me to one in Charlotte instead of our DOT dr in Tenn.

 

I had literally just got out the gate when my FM called me and only took it bc is is a super FM and I knew it had to be important. so I went to the nearest clinic that he let me go to since I was starting my home time. It was one of the first times I actually was getting off early on a Friday but only bc I was on breakdown pay so it wasn't too bad.

 

So if you are home for a day and have been drinking when they call you to take a drug test...

What difference would it make if you take a cab and take the test, and fail because of alcohol - or simply say no in the first place?

 

You go take it. Alcohol is not part of the urine test. It is a seperate test. And even if they find alcohol in your system they can not do anything if you are off duty.

 

You can be drunk when you take the drug test, the alcohol test only counts if you were already performing safety sensitive stuff.

 

Food for thought, if you go to do the pee test you are on duty and it should be logged. IF the clinic has reasonable cause to believe you are drunk they maybe able to test you for alcohol. If they call your employer and get permission I think under the reasonable cause provision you would be some real trouble. I don't trust those clinics for one bit.

Like stated several times before, DON'T ANSWER THE STUPID PHONE.

 

Man , that is some dirty pool, I can't even imagine working for a company that would pull something like that.

But if it happened, I'd try to respond in kind. If they don't record phone calls, I'd deny they requested a random, call a lawyer, and see if I could file a lawsuit on their ### for whatever it's called .. defamation of character ? They called you on home time, so you already have some 'proof' that they were 'out to get you' . And if they're doing anything illegal , I'd tie that in too , to make it look worse on their part (ie, "I threatened to report them for ...")

Look at it this way,, if they called you on home time to take the test, they were probably trying to get you to quit anyway. At least it's how I would look at it. I'd have taken the test and let them know that a negative test comes with my immediate resignation, make sure they knew their money was being flushed down the crapper.

 

Random Testing – CDL drivers are subject to unannounced random testing. A driver may be directed to take a drug test even when at home in an off-duty status. Random alcohol testing may only occur when the driver is on-duty or immediately before or after. Once notified to report for random testing, drivers must immediately report to the testing location. Delaying your arrival may be considered a refusal (see 49 CFR 40.191), which is equivalent to testing positive.

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drug-and-Alcohol-Brochure-for-Drivers.pdf

 

"It takes two to lie. One to lie and one to listen."-Homer Simpson