Fired for off-duty alcohol need advice!
Discussion in 'Experienced Truckers' Advice' started by dogtrucker, Sep 9, 2014.
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I'm copying you,lol.Actually didn't read 8 till now.Theres more companies then not that has certain drivers that has nothing better to do then mind everybody elses business.Some companies have a strict policy no drinking at all or going to a bar/restraurant.Werner use to and imagine they still do.Theres a restraurant that also has a bar near the Omaha term and if a driver gets caught there that's an automatic termination.An employee from the office would keep an eye on that place and if any Werner drivers went in there.[QUOTE="semi" retired;4230571]Hi patty, that's what I thought, see post #8[/QUOTE]
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http://www.fmcsa.dot.gov/faq/random-alcohol-testingOPUS 7 and dogtrucker Thank this. -
Get out of the mega carrier mentality ...... Apply to companies that don't have recruiters .dogtrucker and Lucar Thank this. -
§ 382.505: Other alcohol-related conduct.
(a) No driver tested under the provisions of subpart C of this part who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test.
(b) Except as provided in paragraph (a) of this section, no employer shall take any action under this part against a driver based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this part from taking any action otherwise consistent with law. -
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Oh, bullocks. All right, it was CR England - so bring on the laughter people; kick the fool when he's down.
I should have left some time ago, but I actually had a pretty good job with them25(2)+2 Thanks this. -
Here's a twist: The form I signed states that I don't have to sign it if the test is below 0.02 but I was too stressed out to read the fine print.
DOT regs state: Evidential Breath Testing Device (EBT). A device approved by NHTSA for the evidential testing of breath at the .02 and .04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for Evidential Breath Measurement Devices
Also, the form says (and this is part of the DOT language) that I can wait 15 minutes and test again to see if the readings agree. And further more that the unit first has to be checked for calibration with a 0.01% control solution (they didn't do it) according to DOT procedural guidelines. I wont provide more chapter and verse on these points but for any interested the part is TITLE 49 PART 40 and here is the link: http://www.dot.gov/sites/dot.dev/files/docs/PART40_2012.pdf
Well, I already found one decent paying smaller carrier who sounded sympathetic and is wiling to review my evidence - just gotta persevere. -
Ah, and one more item:
[h=3]§ 382.201: Alcohol concentration.[/h]No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.
Therefore, even if my test were properly performed it would still not indicate a DOT violation
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