Fired for off-duty alcohol need advice!

Discussion in 'Experienced Truckers' Advice' started by dogtrucker, Sep 9, 2014.

  1. xlsdraw

    xlsdraw Road Train Member

    4,221
    6,507
    Nov 17, 2010
    Winter Haven, Florida
    0
    Dude, who was this employer? I gots to know.............................
     
    stabob Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. pattyj

    pattyj Road Train Member

    22,474
    20,134
    Jul 19, 2008
    Sioux City,ia
    0
    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]
     
  4. 201

    201 Road Train Member

    11,302
    22,908
    Apr 16, 2014
    high plains colorado
    0
    If I may, and I think this is it, the White Volvo crowd in Chicago would be referring to the container haulers out of the rail yards. Generally, if you have a pulse, you're in, and they usually drive older white (in color) Volvos
     
  5. windsmith

    windsmith Road Train Member

    7,296
    6,028
    Sep 2, 2011
    NEPA
    0
    It's buried in the regulations; I saw it once, but can't find it again at the moment. Here's something I did find, though that you may find helpful.

    http://www.fmcsa.dot.gov/faq/random-alcohol-testing
     
    OPUS 7 and dogtrucker Thank this.
  6. Cat sdp

    Cat sdp . .

    19,879
    64,222
    Apr 8, 2012
    Orion's Belt
    0


    Get out of the mega carrier mentality ...... Apply to companies that don't have recruiters .
     
    dogtrucker and Lucar Thank this.
  7. fortycalglock

    fortycalglock Road Train Member

    6,120
    6,515
    Jun 25, 2011
    Tourist Town, FL
    0
    § 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.
     
    windsmith and Hammer166 Thank this.
  8. d281833

    d281833 Heavy Load Member

    880
    918
    May 15, 2012
    0
    Geez, what's it like to sit back and be perfect? I'm curious, The OP admitted he made a mistake just like we all have in our careers at one time or another. Some getting caught, some not. Point being he's just looking for a bit of advice, not some holier than thou sermon.
     
    jfred2, stabob, 201 and 4 others Thank this.
  9. dogtrucker

    dogtrucker Road Train Member

    1,102
    1,134
    Sep 10, 2012
    my truck
    0
    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 them
     
    25(2)+2 Thanks this.
  10. dogtrucker

    dogtrucker Road Train Member

    1,102
    1,134
    Sep 10, 2012
    my truck
    0
    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.
     
  11. dogtrucker

    dogtrucker Road Train Member

    1,102
    1,134
    Sep 10, 2012
    my truck
    0
    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
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.