Failed Drug Test

Discussion in 'Questions From New Drivers' started by ACT RIGHT, May 13, 2008.


    ACT RIGHT Bobtail Member

    May 13, 2008
    Canyon Country, CA.
    I was recently working as a company driver and went to apply for another job upon which I tested positive for weed. I hadnt smoked anything other than black n mild cigars. I am now trying to get another job and have since passed 2 drug test through my doctors office as proof that i am clean as a whistle. My doctor said that it could have been the fact that i had been eating bagels, "everything bagels" which contain poppy seeds and that could show as marijuana or possibly even as heroin. I didnt show positive for heroin...just weed.
    My question is does anyone know of any small companies that will give a driver a second chance? I have 6 months experience with dry van 53' tractor trailer, with no accidents or dot violations (log book/inspections). I live in Los Angeles, CA. and am seriously trying to find work.
    I have pulled the DAC request form from this site to see if previous company put it on my DAC which im pretty sure they have, but have not gotten anything in the mail back. Any help is much appreciated.
  2. lilillill

    lilillill Sarcasm... it's not just for breakfast

    Nov 7, 2007
    Your doctor is smokin' crack! Poppy seeds will NOT show up as weed. Sure, if you eat enough poppy seeds, they'll show up as positive for opiates... not cannibinoids (THC metabolites).

    Immunoassays for the detection of opiates and cannibinoids have a cutoff level to rule out poppy seed bagels and being "in the same room" as your friends who are smoking at a party.

    Something don't add up here... if you truly didn't smoke anything, then you should have requested a retest right away as well as challenging the chain of custody.
    luvtheroad, PharmPhail and psanderson Thank this.

    ACT RIGHT Bobtail Member

    May 13, 2008
    Canyon Country, CA.
    I did ask the company that i was working for the the right to retest they simply replied "bring the truck to the yard". They said once i was told by the doctor that reviewed my sample for the other company that i was positive that i shouldnt have gotten back in the truck. I was hoping that it wouldnt go any further than the company that i was applying for, but no such luck. I was a new booty and didnt know what to do or say to that. So since then i have found a non driving job thinking it was gonna be impossible to get back in a truck.
    I was told to try small companies, just wondering if anyone knew a better angle, or of any small companies that have worked with a driver going thru similar situation.
  4. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

    Jul 15, 2007
    I'm assuming your telling the truth about NOT smoking and you came up positive. The company should have done a retest. They can pull you off the truck while waiting for the retest results. Sounds to me like, the company didn't follow FMCSR Part 40. If I were you. You need to read Part 40 and possibly contact a attorney regarding this drug test. With this on your DAC. It will follow you for the rest of your driving career.....:biggrin_2558: There technical mistake could be the key to saving your driving career...

  5. Lurchgs

    Lurchgs Road Train Member

    Feb 13, 2008
    Denver, CO
    Assuming full truth in the story -

    I agree with rookietrucker. Did the MRO contact you and query you about meds you are taking? Did the company fire you (or stand you down) before the MRO finished verifying the results?

    Is the company a certified collection point?

    In any case - get out your DOT book, and go over part 40. If they missed ANYTHING, the whole thing's null and void.
    luvtheroad Thanks this.
  6. baseballswthrt

    baseballswthrt Light Load Member

    Apr 27, 2008
    Newport News, VA
    [FONT=Arial, Verdana]Drug testing is conducted by analyzing a driver's urine specimen. The analysis is performed at laboratories certified and monitored by the Department of Health and Human Services (DHHS). The list of DHHS approved laboratories is published monthly in the Federal Register. The driver provides a urine specimen in a location that affords privacy and the "collector" seals and labels the specimen, completes a chain of custody document, and prepares the specimen and accompanying paperwork for shipment to a drug-testing laboratory. The specimen collection procedures and chain of custody ensure that the specimen's security; proper identification and integrity are not compromised. The Omnibus Transportation Employee Testing Act of 1991 requires that drug testing procedures for commercial motor vehicle drivers include split specimen procedures. Each urine specimen is subdivided into two bottles labeled as a "primary" and a "split" specimen. Both bottles are sent to a laboratory. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. If the analysis of the primary specimen confirms the presence of illegal, controlled substances, the driver has 72 hours to request the split specimen be sent to another DHHS-certified laboratory for analysis. This split specimen procedure essentially provides the driver with an opportunity for a "second opinion"
    I would ask that they test the second specimen. Poppy seeds don't show up as THC.
  7. cloberg

    cloberg Light Load Member

    Apr 22, 2008
    montello, WI
    latly i have found out that peanut butter will help clean out your system. eat two big tubs of peanut butter.

    ACT RIGHT Bobtail Member

    May 13, 2008
    Canyon Country, CA.
    thnx for the info re: part 40 of the FMCSR as i had no clue. As for the chain of command of the urine specimen i think that has to be investigated as well. As they didnt have me go to a Drug testing facility. They actually did the testing at the orientation site in Fontana Ca. The guy running the orientation actually came in the restroom with me although he didnt stand over my shoulder while i did my thang...but he did separate the urine sample into two cups, and labeled them with two different stickers/labels. Now what happened to them after that i have no idea. But i surely appreciate the feedback, as some of this is work looking into.
    Does anyone know of any SAP programs that dont cost an arm and a leg to go thru? If so i would appreciate the feedback on them as well. Thnx again to everyone who has responded.
  9. dcedlr

    dcedlr Light Load Member

    Jul 26, 2007
    Aurora, CO
    As for a good company, give Arrow Trucking out of Tulsa, OK a call. They hire all 48 states for linehaul. I have been with them 7 months and the pay is good. You get treated like a number but the miles are there and I enjoy driving for them. They are known as a second chance company. Good luck.
    gypsie Thanks this.
  10. pjw044

    pjw044 Heavy Load Member

    By FMCSA rules they can ONLY be present IN the bathroom with you if they
    believe you will tamper with the sample....
    ladyredrose23 Thanks this.
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