Drug Screen Refusal LIE by Prev Employer

Discussion in 'Experienced Truckers' Advice' started by coexist, Dec 3, 2015.

  1. coexist

    coexist Bobtail Member

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    Dec 3, 2015
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    How am I suppose to find out what the dot requirements to be able to pit my name out there for another chance ?
     
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  3. coexist

    coexist Bobtail Member

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    Dec 3, 2015
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    As I stated in the original posting , I said I had no way to get to the clinic because I was busy with family n friends and I had no way to get to the clinic that day . I wasnt purposely refusing nothing .
     
  4. MJ1657

    MJ1657 Road Train Member

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    Isanti, MN
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    I'm sorry but busy with family and friends isn't a valid excuse.
    You screwed up and now you pay the price. Life works that way.
     
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  5. coexist

    coexist Bobtail Member

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    Dec 3, 2015
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    I have never failed or refused a drug test ... no accidents , dui , felonies , 8 year exp ...

    All im asking is for advice on what to do and most of yall wanna judge me and call me a liar ...
     
  6. coexist

    coexist Bobtail Member

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    Maybe not for you , but its the truth ...

    Anyhow , sooo pretty much my truckin career is over ???

    Anyone know how long it typically takes for companies to give ppl a chance with something like this ?
     
  7. MJ1657

    MJ1657 Road Train Member

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    Isanti, MN
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    I'm not calling you a liar but you did refuse a drug test.

    That's the facts.
     
  8. TLeaHeart

    TLeaHeart Road Train Member

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    casper, wy
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    You refused the test, does not matter why. Bad policy at the company to call you on home time, but it is within the regulations.

    What you MUST do now, start with education by reading the following link.

    https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-if-i-fail-or-refuse-test
     
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  9. CJndaTruck

    CJndaTruck Road Train Member

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    The post above is a good start.

    Thank you. You beat me to it.
     
  10. IronWeasel80

    IronWeasel80 Medium Load Member

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    Sep 4, 2015
    Belen, NM
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    Without going through a SAP (Substance Abuse Professional) and competing a Return-To-Duty program, you legally can't be hired to perform any "safety sensitive" position which means you can't drive a CMV, period. In your case, it may be worth investigating a SAP and telling them what happened and see if a hair follicle test could "clear" you without having to do the program, but that would be a long shot at best. A SAP will be in the best position to help you and guide you from here.

    Effectively, your trucking career as it stands right now is dead in the water. You'll likely end up having to go through the same steps as if you were shooting up heroin in the office right before the drug screen which means you'll have to find a SAP, complete the return-to-duty process, and then hope like hell one of the "second chance" companies will take you. A positive result or a refusal is basically a death sentence since no reputable carrier wants to deal with that kind of driver when there are 100% "clean" drivers out there romping at the bit.

    Keep in mind that you're on your own as far as paying for the SAP and the program and that can run several thousand dollars and even then your choice of employers within the industry will be severely limited. I know it sucks, and I do feel bad for you in a way, but as a driver like the rest of us...you know the rules and regulations (or you should have) and even on the FMCSA site it tells you that if you feel you've been treated unfairly "comply, then complain".

    If you had begrudgingly taken the test, passed, #####ed at your company and they fired you or whatever, you would still be 100% clean and could've gotten on with pretty much anybody. But now, even if you do go through a SAP and complete a RTD process - you and your reputation are tarnished.

    Here are some links that might help:

    Part 382 - Controlled Substances and Alcohol Use and Testing

    Refusal to submit to a required alcohol or controlled substance test.
    https://www.fmcsa.dot.gov/regulations/title49/section/382.211

    What if I fail or refuse a test? What CDL Drivers need to know.
    https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-if-i-fail-or-refuse-test

    What is a refusal to take a DOT drug test, and what are the consequences.
    https://www.transportation.gov/odapc/part40/40_191

    What will happen to me if I violate a DOT drug or alcohol rule (e.g. test positive, or refuse a test)?
    https://www.transportation.gov/odapc/employee#violate
     
    Last edited: Dec 4, 2015
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  11. walstib

    walstib Darkstar

    Don't answer calls from company on hometime.
     
    G13Tomcat Thanks this.
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