How does my employer get away with this

Discussion in 'Questions From New Drivers' started by ad356, Jul 12, 2020.

  1. buddyd157

    buddyd157 Road Train Member

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    this is not his first rodeo, complaining about drug testing at his employer.

    i ain't gonna make the time to go searching how he griped about it back then.

    suffice it to say, as you said,
    "worry about you"
     
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  3. magoo68

    magoo68 Road Train Member

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    Dear op nothing is over till statute of limitations run out.. careful what you post
     
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  4. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Only required to be drug tested after an accident if any vehicle has to be towed from the scene or anyone has to be taken away for medical attention AND you get a ticket. No ticket. No test required. Except if there is a fatality. Always test then

    What tests are required and when does testing occur? | FMCSA
     
  5. buddyd157

    buddyd157 Road Train Member

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    i did a quick search, christ, i had time. it was not about drug testing, it was about some drivers, his boss hires that are felons, sex offenders, etc,etc. and a bevy of other job complaints. so in effect, not his first rodeo complaining.

    can't say that in all my 48 years, i ever heard so much complaining, even when i made the mistake and sat at the truck stop counter, rather than sit at a table.


    what ever happened to MYOB..??

    worry about yourself, always, all others, go to hell.
     
  6. DougA

    DougA Road Train Member

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    Correct. Only involved in two serious accidents, in 42 years with my own truck and trailer, both zero liability on my part, no tickets to me. Both times, the cars were totaled that hit me, and one accident had very serious injuries to the driver, air flight to hospital, grave injuries. No drug test either time.
     
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  7. ad356

    ad356 Road Train Member

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    I came here with the intention of using as a starter company. 2-1/2+ years later and I've got a clean license. It IS his company, he can run it as he wishes, I would rather not be a part of it much longer. I live in a rural area, Locally most of what is available is agriculture based, or construction based. Construction based is generally seasonal. I am trying to get into a more respectable milk hauler.
     
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  8. Moose1958

    Moose1958 Road Train Member

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    There is an interesting thing about this testing. All of it is supposed to be done by the company. I have seen state officers take a driver to a medical facility and have them tested under the states implied consent rules in non DOT testing! If the tests come back negative that's the end of it. If this accident happens at night or on a weekend sometimes it can be days before the driver is actually tested according to DOT rules and standards. In the case of some substances, 12 to 24 hours and no traces of some things will show OR they will show well under the cutoff amounts. Most state DOT/MCSAP/CVSA certified cops know this and will get a driver DOT tested on the spot. I have seen cases where "bubba" gets it done and by the time the situation is over there is nothing much more that can be done. It is a sad fact that most carriers OTR and local both after 5PM and on weekends a driver can't get ahold of safety and operations goes all "oh shucks" when confronted about this MANDATED testing. There are no easy answers in this situation. It's hard to get most drivers to understand you should NOT operate a CDL required CMV after such an accident until you have submitted to a DOT drug screen NOT just a state test under that state's implied consent rules. I highly advise you to stay PUT until you speak to a safety critter after an accident.

    This can also apply to non driving situations. I once jammed my right hand under the trailer trying to lower a recalcitrant landing gear. About 2 days later was in the ER in West Memphis Arkansas. I caught heck from safety because I did not call them. I have heard of drivers being fired because they did not report these kinds of incidents!
     
  9. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    The cops at the scene of an accident know how important these tests can be, when required. And I know there can be a gray area when the truck driver has not received a citation but, as the investigation isn't complete, it's possible he could get one.
    For me it would be all about CYA. If I were to be in a serous type accident, not a simple fender bender, I would ask to be tested. I wouldn't want some slimeball lawyer saying that since I wasn't tested they'll never really know what I was on.
     
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  10. Moose1958

    Moose1958 Road Train Member

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    The Problem is A driver can’t just ask for a DOT drug test. In every situation you have to go through the company. I Know This sounds funny, but it is the truth, after an accident as a driver you must contact your company. In fact I Highly recommend a driver never operate a truck until tested after an accident.
     
  11. Hulld

    Hulld Road Train Member

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    The company you work for is probably a small enough company the don’t have a drug testing program Of their own so they then would belong to a drug testing consortium.
    The consortium consists of many drivers from many small companies.
    Your lucky number probably just hasn’t popped up yet.
    With my company I belong to a consortium.
    I have had one drug test in the last 5 years
     
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