Potential Driver Left Drug Test....Now What!

None of that is relevant to the employer as only statements made directly to the employer by the applicant constitute "direct knowledge" which he/she is required to report.

Also, a sample being outside of temp parameters is something the testing facility reports, not the employer. They can either report it as a "substituted" sample or cancel the testing. Being a pre-hire, they will most likely cancel the testing and charge the employer, NOT report it as a "substituted" sample. If he has been an employee, they most likely would report it differently, i.e. "substituted sample".

And, none of that qualifies as a "refusal" per a cursory reading of the regs related to what constitutes a refusal and the pre-hire, "contingency" exemption.

There simply isn't enough there for the employer to report a "refusal" on the pre-hire. In fact, the employer could be subject to litigation for knowingly and falsely reporting a "refusal".

What the testing facility does is up to them. They have "direct knowledge" and a manager there would know the regs as well.

 

X2
Was gonna say the same thing...

 

Since he already gave a sample the cross examination would blow that statement out of the water. Nice try though.

 

The simplest and easiest answer to that is: "It is winter. I was cold and so was the room. I took longer cleaning up afterwards than I should have and the sample came out cold. Then, I didn't have enough ammo to keep aiming at the cup and I didn't have time to stay until I did. So, I left."

That is perfectly reasonable and eliminates all the "drug use" assumptions on this thread.

 

Not according to the law. Maybe on reruns of Matlock. Providing a sample does not constitute "acceptance of a contingent job offer" as the regs clearly exempt a pre-hire from the automatic refusal clause for leaving a facility before completing the testing process.

 

No. According to the law.

"If you didn't have a contingent job offer. Why did you supply the first sample? Why when confronted with the sample being out of spec and informed a supervised sample would need to be taken did you flee the testing facility?"

"I have performance issues being watched?"

Judgement in favor of the truck company.

As the OP has said. Job was only contingent the drug test.

So as you've stated it is a refusal.
He doesn't have to accept the offer. There just has to be an offer.

 

One might give you the same advise.

"(2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see §40.243(a)) for a pre-employment test is not deemed to have refused to test;"

From the original post it is clear that the test had indeed already commenced. The test subject was caught cheating at it.

 

Yeah...nope. If that was the case why isn’t he returning calls or texts? If it was truly an innocent mistake he wouldn’t be avoiding the phone/texts etc. He ran...if he “didn’t have enough ammo” they give you a cup of water and let you reload....

 

I believe that if you dont report it you would be in violation of an FMCSA regulation requiring you to report this to the Drug and Alcohol Clearing House.

 

I don't believe this would be considered a refusal to test... I think it would be considered a failed test, after all he did provide a sample... And said sample FAILED to meet the tests requirements.