Failed Random Need Advice
Discussion in 'Trucker Legal Advice' started by Werro, Aug 17, 2015.
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It is permissible to perform a safety sensitive job while using ANY opiate derivative drug (or any other disqualifying drug) IF AND ONLY IF:
**Prior** to performing the job you have the following ON FILE with the safety department:
1. You have a written treatment plan from the primary prescribing Doctor in which he states that he knows that you have a safety sensitive job, and that when used as prescribed that the drug will not affect your job performance. There must be a detailed treatment and medication schedule as well as any restrictions. As in Joe must take one dose between 7:00pm and 8:00pm on Aug 23 and may not drive until 12 hours have passed.
2. You also have to have a letter from a DOT qualified physician agreeing with the primary physician.
3. The company must agree with both letters, and formally make a statement doing so. Someone with the authority to make legal agreements for the company must sign the letter.
The company keeps copies of all three letters, and you keep copies. Forever.
If you take a disqualifying drug, you must wait for it to clear your system before you return to work unless you go through the system above. There are NO exceptions.
The window for opiates is about 48-72 hours depending on liver function. If you test positive on Thursday and were driving on Tuesday or Wednesday it's a positive test. Monday is iffy. -
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is 6 am heroin different than 7am heroin ?
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The law(and regs clarify) say that if you take a disqualifying (controlled) drug, you must not perform a safety sensitive function until the drug and all its metabolites have cleared your system unless you follow the proper procedure. (The prior doctors letter and safety sign off) This is a yes/no regulation.
Was the screen positive for a disqualifying (controlled) drug? Yes
Was the employee performing a safety sensitive function? Yes
Was there a prior drug approval process followed? No
The employee may not return to a safety sensitive duty until the successful completion of a SAP program or a legal adjudication permits it.
At this point if the company permits him to return to driving the company is breaking the law.
Transportation is a heavily regulated industry. It runs a lot like the military. The regs are black and white. Stupidity and ignorance are not considered excuses.Last edited: Aug 22, 2015
average joe and brian991219 Thank this.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 9 of 10