Post accident Drug test nightmare

If I was a betting Man,
I'd bet that Hubby is telling you what you want to hear. instead of telling you the Truth.....

 

Six, it all depends.

The accident had to have some requirements to be met for a drug test it be required.

First if there is injuries or fatalities, that's a given. They have 3 hours after medical care is administered to the drive if needed to fulfill that requirement.

Second if no injuries or fatailities are involved. Then if the driver is cited for the accident, they have 32 hours to do a drug test. But if no citation is given, then there is no drug test requirement. And as my advisor said this morning, I can ask for a drug test being done on my dime but if it comes back positive and it isn't in the random list for the quarter or a reasonable need like an accident with a citation, I would be hard pressed to ding the driver with a positive on his record and forcing him into an sap program, the only thing I could do is fire him.

Then there is another thing about leaving the site. The site is the building, not the testing area. The bathroom within the building is also not excluded from that definition of the site. If the person has to use the toilet to take a 'crap' and directed to do so by a staff member, that is an instructions from the testing center and can't be counted against the person. The staff is in control to the point that they can direct the driver where to sit within the site, or use the rest room or not.

One hole in all of this for me is the claim of hipaa preventing the access of the test results. The driver signs an understanding that the medical procedures are covered by hipaa and other privacy laws, and in doing so the facility is acknowledging the ownership of that data is the drivers, the testing results included. It does not matter who paid for the test, the facility can not legally hold that information back from the named driver for any reason outside a court order.

 

Uh, sir, your urine sample was too cold.

No problem. I’ll fix that. But first I need some privacy somewhere else, to take a big dump without any test staff watching. I’ll have a good urine sample ready after that.

 

Your not implying the test subject would hold the second hidden sample under the hot water faucet for a time are you????

 

Yeppers. Op simply can't believe her husband is out toking, likely got high and got in a wreck, and is now having to pay for it. While I can see the mess ups happen, I cannot believe several on one test and then refusing to give the results.
That tells me the husband doesn't want the wife to see the results, and is trying to come up with plausible, at least to a layperson, excuses on how the big evil government is keeping him out of a job.

 

If you thinkers truckers are tough, you should try the tough guys on the gun forums.

 

I've seen them on here... I've replied a few times, but now tend to shy away.

Others, on sites other the TR, are full of Rambos and Dirty Harry's , and wannabe lawyers.

Yeah, you're right.

 

You guys do know that if he was high and driving, the cops would have done a sobriety test before the dot required test and arrest him.

I think she is being an uninformed observer and seeing the mistakes that were made as a problem only for them, not what we face all the time with untrained idiots at these clinics.

 

I know no such thing. A bit of example. This is a car, but same principle applies, maybe moreso as the officer know he will be tested anyway....

I lived in he suburbs growing up, was 16-17 so had my own car. I parked in the street as there were several drivers in the house and only so much space for cars in the driveway.
One night a drunk driver hit my car so hard it threw the parked car about 30 feet into the yard. The officer refused to charge the driver with drunk driving. The reason was "While he's acting drunk, he also could be acting that way because of a concussion, so thee is no probable cause to charge him."
Basically it would have been too much a legal fight to make the charges stick, and the officer didn't want to deal with it.

Now back to the op's hubby. If the responding officer had the same attitude and also knew he would be tested as a matter of course he very well could have not charged the driver on scene.

P.S., this was Ft. Worth (area), Texas where they have charged people with DUI for working on their boat in their drive way.

 

Reminded me of this thread