Home time and drinking.

Never volunteer information.

If you were scheduled to go on duty less than 4 hours after you told him you were drinking, then he was required to schedule the test per the regulations. If more than 4 hours, then it wasn't necessary.

 

There are a few more. Return to duty and follow ups. Those are SAP related though, and obviously don't apply here.

Then there is Reasonable Suspicion (Part 382.307)
Even then, it does not apply to the op or several reasons..
Main one is it has to be observed by someone in the company taking training for reasonable suspicion.
Even then, if the dispatcher was trained, he still fails for the following from 382.307()

(a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

Just adding the last so people know even that criteria wasn't met. Personally I would be looking for another job and filing a harassment suit. There is no reason for them to be messing with one's career like that.

 

@tucker should be able to provide expert advice on this topic.

 

Why? Are elogs invloved?

 

Doesn't matter if you had one beer, or was passed out drunk. As long as you are at 0.0 four hours before going on-duty. Even then, you just claiming you had a beer is NOT reasonable suspension.

What they did is harrisement. It could have messed up your career. Not because you were in violation, but because even testing sites mess up once in a while. (True it rare, but they risked it on you to be petty.)

 

The biggest mistake was the comment... "I am drinking one beer..."
First, never state that you are drinking. Second, you say 'one'. ? Why would you ever say how much, or that you are only drinking one?
The whole comment is an invitation for a drug test, and there is no reason to even mention it.
Honesty is not always the best policy.

"I was told the truck would not be ready until tomorrow. In the meantime I am taking care of my sick wife. I will be ready to work when my truck is done tomorrow, but she is counting on me today."
Even if he told you that your truck was ready right now and we need you to pick up a load, no test would have been called for if you hadn't blurted out the information. And you could still have explained that your wife was sick and needed your help today.


There is nothing illegal about ordering a drug/alcohol test at any time.
Just use some 'common' sense in what you say.

And never, NEVER answer a call from work if you are on home time.
Once you answer the call they can tell you to go for a test. And you will have a max of 1 hour to get there or be hit with a refusal.

 

My home time is my time and I'm not on call to any chickensqaut dispatcher even when I was a company driver .
And if they don't like it ill have 10 jobs the day after I tell em to pound sand up they're posterior .
You newbies need to stop taking kaka from these tin god desk dummies .

 

But if they tell you to go take a drug test during your hometime you have to do it. Or take the refusal

 

True ! Cornhusker pulled that on me once .