Fired for failing breathalyzer from Inhaler?

@brian991219 will have the correct answer.

 

Just means that your past employer has a stricter alcohol policy. You being fired blows but that’s the way it is.
You didn’t fail the test per fmcsa so it wouldn’t make it to the clearinghouse as a positive.

 

You need to communicate with the Medical Review Officer about your results and your inhaler. He's required to be sufficiently medically trained and sufficiently aware of the FMCSA regs to judge the specific matter that happened to you. This is more important than an attorney right now. IMO, nothing else matters but communicating with the MRO.

Sometimes people like to rally others to have sympathy or understand their situation, none of that matters because everyone in the country feeling a certain way doesn't change what happened. This is a matter of the FMCSA regs and the company policy. The goal is to make this go away, not feel good after it happened.

I'm assuming the MRO comes into play in the employee vs employer situation, but I'm not 100% sure. I am 100% sure the MRO comes into play if failing the FMCSA required drug tests. The goal isn't to stay busy doing something. The goal should be doing the one thing that reverses this company decision. Others are much better informed about the details of the regs, etc. Good luck.

EVERYONE on ANY PRESCRIPTION MEDICINE you have to 100% focus on how that medicine may affect drug/alcohol tests because nothing is more open and shut in trucking than drug tests. They are pass/fail and long explanations are not either a pass or a fail. On a true-false test there are no essays questions.

 

OP didn’t fail the random tests.

They were fired for a company policy violation.
A 0.02 is still considered impaired and its unacceptable level for the company.

Nothing can be done about it other than hope it won’t be put on one of the employment BS sites like DAC

 

Probably want to disclose your inhaler to your next employer and let them know that it could register a low alcohol level.

I don’t know if you can fight successfully to get it removed from DAC/Hirerite etc if it ends up getting reported. Will be very tough finding a job if it gets reported. Maybe someone can give some advice on it.

 

Man. What a tough break. Hopefully, they only word it as a violation of company policy. My company hired guys that had issues with alcohol in the past. One was fired from another company for having an unopened beer in the fridge. They were able to hire him because his previous company didn't bury him. They didn't go into detail on the HireRight or whatever they use. Then they had another guy, who had an alcohol event, I'm thinking a DUI, but it didn't come up til well after he was hired, and they had to let him go, and if I remember right, he was under a load. I am not that quick to say your career is over or that you need to do SAP because there is no indication of how your company worded it. How long ago were you let go? If some time has passed, I think you should forget about appeals and start applying. If you have enough experience, and a favorable location, I don't see why nobody wouldn't take a chance on you. If you're turned down, then at least you have some clarity as to why.

 

I would add, that if you get a 2nd chance somewhere, don't use the inhaler until leave the terminal, or that it's ear you won't be taking a random that day; and also if a random comes up, take all meds to the facility with you, just to cover your behind.

 

A cdl driver os not allowed any dectible amount of alcohol. Not going to find sympathy here for blowing dirty.

 

This is an article wrote in 2-20-22.
American Academy of Allergy Asthma and Immunology.




It is true that some MDI bronchodilators contain alcohol or ethanol. There are reports of breath testing for ethanol being elevated immediately following the use of specific inhalers (1). You did not specify which inhaler was used and the formulations have changed since the publication in 1995. One source stated that the amount of alcohol in 2 puffs of an ethanol containing inhaler is less than 10 mg. A ripe banana has 40 mg of ethanol; thus, there insufficient ethanol to cause measurable blood levels or physiologic effects. Blood alcohol measurements would not be affected by inhalers, but some assays are affected by high lactate levels (2). This does not seem relevant in this case.

This is from FMCSA website.
6.3.2 Alcohol (392.5)
Drivers are forbidden to consume or be under the influence of alcohol (as defined in 49 CFR 382.107) within four hours of going on duty or operating a CMV (49 CFR 392.5). Drivers are forbidden to use alcohol, be under the influence of alcohol, or have any measured alcohol concentration, while on duty, or operating, or in physical control of a commercial motor vehicle. Alcohol can only be transported as part of a shipment.

Any driver found in violation of 49 CFR 392.5 (alcohol misuse) will be placed out-of-service for 24 hours effective immediately.


Good luck with your job search.