fire for Neg. Dilute result

Discussion in 'Trucking Industry Regulations' started by CBtalker205, Mar 2, 2010.

  1. CBtalker205

    CBtalker205 Light Load Member

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    OK so I was fired after taking a drug screen that came back Negitive but diluted. Since I have a Class A they told me it was going to be DOT regulated. I am in the process of fighting the firing. But my question is this, will this go on my DAC? And if so can a company hold it against me even though the results were negitive?

    The only reason I got fired is because I work for a city and we just got a new asst. city manager. Apparently it is his belief if your results come back diluted you are trying to hide something. But I did my research and found two other employees that have tested and recieved the same results as I have. They are still there. And according to DOT all employees are to be treated equally when questioning a result. So either they are gonna clean house and fire the others or rehire me.
     
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  3. mizdageeragn

    mizdageeragn Medium Load Member

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    So if the result is diluted what does that mean for a doctor or a testing inspector?
     
  4. Northernblue

    Northernblue Light Load Member

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    I think I wouldnt be talking to anybody other then your Union Rep. I assume you do belong to a Union if you work for a goverment agency.
     
  5. RickG

    RickG Road Train Member

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    Does the agency always report test results to the FMCSA ? Were the tests give in accordance with FMCSA procedure guidelines ?
    You need an attorney .
    http://www.fmcsa.dot.gov/safety-security/safety-initiatives/drugs/engtesting.htm
     
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  6. CBtalker205

    CBtalker205 Light Load Member

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    Well Im not sure what FMCSA is but it was regulated by DOT. Results were reported to DOT.
    We do not have a union. So thats out.
    The diluted specimen means my Creatine levels were below 20mg/dL. My level was 15.1 so I was on the high side of what they consider to be diluted. They range it from 5-20mg/dL.
    Thanks for the responses so far. As for the lawyer I am gonna try to file the grievance papers myself and see what happens. If it dont work out the way I want then I will go to the next level with a lawyer.
     
  7. 359kool

    359kool Light Load Member

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    Drug test results never go to Dot. They are required by Dot but are for the employer. Were you retested, or was the firing after the first and only dilute result. Drug test results as well as your job are usually decided by the MRO. If they do retest you, you'll be under direct observation. :biggrin_2556:
     
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  8. CBtalker205

    CBtalker205 Light Load Member

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    I was not tested again. Once the results were faxed to city hall they boss said that it came down from them they had to fire me. But as I said before there are at least 2 other employees that have got the same result one of them when they were first hired. They were allowed to take another test. As long as this does not go on my dAC or get reported to DOT I will be a little more happy and at ease. I just dont want this to possibly ruin a career path that I am looking to go on.
     
  9. notarps4me

    notarps4me Road Train Member

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    Did they do the split test?
     
  10. RickG

    RickG Road Train Member

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  11. 359kool

    359kool Light Load Member

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    Companies should have a policy for stuff like that, for all drivers.
    I'd ask about it, but wouldn't get to aggressive.
    The only time they are supposed to reveal your test results is at the request of your next employer, but really they are inn control of your privacy. Though the information belongs to you, the test belongs to them. I'd let it go.
     
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