Need advice for how to deal with a "refusal to test" issue with former company & Clearinghouse

If over 30 days removed from the consortium a Pre employment test will need to be completed.

If they’re still receiving compensation then you are probably covered.. I think. On payroll then you’ll be okay

 

Point blank, if your name is in the clearinghouse, it was put there by an MRO. Nobody else has the access to enter it. There is no appeal process. The ONLY way to get your name cleared is to go through the SAP return to duty process.

Regardless of what some truck stop attorney has told you, there is NO appeal process. I'm sorry, but this is the way the DOT has set this up. It is not just truck drivers who have this problem. Some railroad employees are also subject to this same process.

I also want to warn you that some of the old timers in this forum look at new members making their first comment about drug testing issues with suspicion. I'm not making a judgment either way.

 

https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/random-testing

 

Off-duty ain’t the same as refusal. If you offered to test and they still flagged you, that’s on them. Hope you file that DataQs and clear it up.

 

That’s not quite accurate.
Once informed of a test you need to get it done right away.. It’s not Let’s Make A Deal like “Hey, I can’t do it today but I’m available next Thursday”

The op’s instance sounds like a last minute case where it had to be done before the end of the quarter. I’ve had it happen, carrier waited until the last day to tell me. Was in Birmingham rolling and had to drop trailer (loaded) at the truck stop and bobtail to some small pediatric Dr’s office that did testing as a side gig. First time I ever had to do an alcohol test and urine.

If the carrier was cool about it and had more time then they could have made side deal.

 

They actually allow you to appeal Clearinghouse issues but it’s limited. Test results you can’t.
In the OP’s case he “could” have a reason to appeal through Daya-Q since he’s not trying to challenge test results.

Challenging a refusal is one that they allow.

https://clearinghouse.fmcsa.dot.gov/content/resources/Clearinghouse-Submit-Data-Review-Petition.pdf

One last thing, employers put the refusal into the clearinghouse not the mro.

 

There’s a way to actually get the refusal removed if you and your employer were motivated to undo the damage.

Employer agrees to say you were laid off and didn’t understand the regulations about removing you.

You Data-Q and say you were laid off and no longer employed there.

Simple misunderstanding

You are essentially done if you need to complete a SAP program..

Hopefully you come back and read the replies, lol

 

Details really matter.

First, if they call you at 3 pm, tell you that your appointment is at 4 pm, and you can't reasonably make the appointment, the employer has to make adjustments to the appointment. There is NO legal time limit to get the test done; the employer has to make sure they give you every possible chance to get the test done. The regulations also allow them to select another driver in your place to fulfill the FMCSA random requirement.

Second, you left out your employment status, direct employment, IC, or ??? DETAILS MATTER.

Third, the employer has to have - not suggested but HAS to have a written drug policy with solutions for scenarios in it, like if you can't make it to the test, how many hours you have to get it done, and so on. Not a choice, and for those who think I'm wrong, talk to a lawyer who deals with this.

Fourth, I would get a lawyer who deals with this; you need legal advice based ONLY ON YOUR DETAILS.

Why?

Because this will derail your CDL, which will mean more work for you and maybe more expenses.

A court can vacate everything, which is what may have to be done. If the employer does not want to accommodate you, and they want to play games, or are deficient in fulfilling the regulations, then there may not be a choice but to go to court. AND yes, this has been in court, which I think the court should force a rewrite of the regulations for latitude.

 

Clarify something for me…did OP receive a phone call or an email. I am reading the original post and I see something about someone in management EMAILING something about marking a refusal for clearinghouse.
I’ve always received phone calls.

 

Op left the building..deleted his/her original post.

No thank you, KMA, or goodbye