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

In what world is that not an offer?

 

Where/what is the question?

 

The world outside of TRF.

"In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test"

DOT Rule 49 CFR Part 40 Section 40.191 | US Department of Transportation

How does the MRO know to cancel the test? He has to be informed that the employer did not and will not hire the driver or require a second sample collection.

As far as the employer's responsibility in the case of an invalid test result as a result of a canceled test- IF it was not "VERIFIED SUBSTITUTED OR DILUTED BY THE MRO":

(f) As an employer who receives a drug test result indicating that the employee's urine specimen test was cancelled because it was invalid and that a second collection must take place under direct observation—

(1) You must immediately direct the employee to provide a new specimen under direct observation.

(2) You must not attach consequences to the finding that the test was invalid other than collecting a new specimen under direct observation.

(3) You must not give any advance notice of this test requirement to the employee.

(4) You must instruct the collector to note on the CCF the same reason (e.g., random test, post-accident test) and DOT Agency (e.g., check DOT and FMCSA) as for the original collection.

(5) You must ensure that the collector conducts the collection under direct observation.

(g) As an employer who receives a cancelled test result when a negative result is required (e.g., pre-employment, return-to-duty, or follow-up test), you must direct the employee to provide another specimen immediately.

DOT Rule 49 CFR Part 40 Section 40.23 | US Department of Transportation

If the driver doesn't show up for the second test, it's not a refusal and there's nothing to report as the first test was canceled.

The DOT is not asking employers or MROs to be private investigators or use crystal balls to determine guilt in the case of a sample that is below temperature. The regs are clear- ask the driver to immediately provide another sample under direct observation. Most likely he says: "I can't. I need time to go again". Then the regs for "bladder shyness" are followed- give 40 ounces of water, etc. If he leaves before the test can be completed- it is a canceled test for the MRO- THERE IS NO SAMPLE TO TEST. Without ANY PROOF for why the first sample was below temperature, it is NOT a verified attempt at sample substitution.

In other words- unless the medical staff find evidence of sample substitution or an admission from the driver, there is no way to "verify" an attempt to substitute the sample. Below temperature samples trigger a retest under direct observation. If the original sample wasn't immediately bagged and tagged with the driver signing it, which wouldn't happen unless there was proof of tampering with the sample, the collection facility cannot send the first sample and definitely not without the second one done under observation.

Who's going to pay for those tests of below temp samples when the driver walks out before doing the second one? The employer? He hasn't hired the guy yet and most likely won't after the canceled test. In that case the MRO puts the first test down as "canceled" and never orders a second one.

I'd like to know exactly how people on this thread are proposing that the employer or MRO is going to report a below temp sample that was never bagged, tagged and signed by the driver is going to get tested and how the MRO can sign off on the sample as being "verified tampered/substituted"?

Based on suspicions? Ok.

 

I think we’re beating a dead horse. Everyone has moved on except you...situation is over and done with me thinks...

 

Last reply...
Well, and Concentra. Who has lawyers that actually know this stuff. I know you like druggies having no consequence, but that's not how the law is written. P.S. He refused the first test, not a second test, so anything about a second test is irreverent.

 

Perhaps, but judging by the post, we may have another X1,,,

 

If ya got to report him, do so. If you don't, then don't and move on. Pretty simple, really.

 

I got called in for a random a couple weeks ago. It had been awhile and I forgot how much pee it took for a split test. I went in there with what I thought was a full bladder, but I barely did squeeze out enough to get to the line on the cup. It was really close. If it hadn’t have been enough, we would have been there awhile, because I was completely drained.

 

So this begs the question, if you are dirty, just put something really hot on your forehead before you enter the testing station? Have temp, don’t have to test.

I know this will work. Friend of mine had a toboggan on this head and went to a Dr. appointment, the did a forehead scan of his temp and it read high, really high. They then treated him like he had the plague, but took him back and did a mouth thermometer. He temp was actually normal, but the toboggan on his head made his forehead really hot.