Random drug test but can't get into facility..

Discussion in 'Trucking Industry Regulations' started by StransportAL, Sep 7, 2023.

  1. StransportAL

    StransportAL Bobtail Member

    Sep 7, 2023
    I have a friend that was just fired from his job. He was selected for a random drug test. He showed up to the place and was told they no longer do random drug tests there. He informed his company and they sent him to another facility. By the time he arrived to the second facility it was already around 4pm. There was no way for him to get his truck and trailer into the parking lot, nowhere nearby he could park. It was kind of in the middle of nowhere so there was no uber/lift available. He contacted his employer again to inform them but his manager had already went home for the day and night shift would not respond to him. The next morning he was informed that he was going to be let go for refusing a drug test. He didnt refuse it, there was just literally nowhere safe for him to park his truck. I guess he was supposed to park in the middle if the road. What would you do in this situation?
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  3. 86scotty

    86scotty Road Train Member

    Aug 27, 2017
    Tell the manager the truth. If he's got half a brain and can look at Google Maps this should be easily confirmed.

    What we have here is a failure to communicate, all parties.
    tscottme and CrappieJunkie Thank this.
  4. REO6205

    REO6205 Trucker Forum STAFF Staff Member

    Feb 15, 2014
    Exactly right. Unless the company was looking for a reason to drop him, this should never have gone so far.
    Bad judgement all around, but mostly the company's fault.
    86scotty Thanks this.
  5. brian991219

    brian991219 Road Train Member

    Aug 10, 2013
    Lords Valley, PA
    Unfortunately drug test collection sites are not required to be accessible with a commercial vehicle. I think this is unfair, but the regulations do not require them to be truck friendly.

    This is really bad for your friend because now they are going to have a refusal to test reported to the FMCSA Drug and Alcohol Clearinghouse and is prohibited from operating any commercial motor vehicle until they complete the return to duty process. This is treated the same as a positive result even though it appears, at least on the surface, to be unintentional. However, since the regulations do not make any exceptions for not being able to report to the facility due to parking or lack of public transportation this will stand as a valid refusal to test and be reported as a positive, resulting in their immediate prohibition to operate any commercial vehicle.

    His employer has a role in this, they failed their driver by setting them up for trouble and not responding when the second facility was not accessible. They had a responsibility to get him to a facility that was open and accessible, however ultimately the responsibility is on the driver once notified to be sure the sample is collected without delay or interference. Perhaps the best course of action for the employer would have been to cancel the test once the first facility was unable to collect the specimen and select an alternate candidate for testing to fill the random testing quota for the draw period. This would have maintained the integrity of the random testing process, not caused the driver to have a refusal reported and disrupt their career and the carrier would still be in compliance.

    Employers need to take these tests very seriously and make sure their drivers will be able to report to the selected collection facility and have their sample collected without issue. I go as far as calling ahead to the collection site before informing my drivers that they have been selected for testing to make sure the collector is on-site and available. With the labor market and poor customer service we all face today I have had many collection sites that were unable to collect on the specific date I wanted to send a driver, mostly in remote areas, which would have caused big problems had I just sent the driver to the site without checking in advance.
    Gearjammin' Penguin Thanks this.
  6. Eddiec

    Eddiec Road Train Member

    Feb 2, 2015
    Where was he doing the test?
  7. buddyd157

    buddyd157 Road Train Member

    May 25, 2017
    under a shade tree
    that was always my biggest fear, going for a random, with a 53 foot trailer....while i was long haul....

    then i went regional/local and, luckily, all my randoms i was notified to get one ASAP, before or after my shift
  8. ZVar

    ZVar Road Train Member

    Sep 10, 2010
    Flint, MI
    My favorite is getting a call.
    Boss: "I need to see you after shift."
    Driver: "Ok, what about?"
    Boss "I just need to talk to you."

    Me, thinking. Well, I shouldn't go to the restroom before talking to him.
  9. Espressolane

    Espressolane Road Train Member

    Nov 21, 2009
    Just south of the north 40
    Did the person document any of this?
    Probably, the best course of action would be for this person to contact the local DOT/FMCSA field office in the state that issued the license. Speak to a field agent. They can advise the next steps.
    Gearjammin' Penguin and 86scotty Thank this.
  10. tscottme

    tscottme Road Train Member

    Not give up when the company wouldn't answer my questions because I knew I was on the verge of getting fired if me and the company couldn't work out this VERY IMPORTANT appointment RIGHT NOW. That's what I would do. I generally don't believe the story someone tells me when they tell me they didn't take the test or pass the test. Some people, especially twenty-somethings think having an excuse overrides company orders. It doesn't. Life is not like a multiple-choice test in high school. Sometimes important things are said only once while you were scrolling on your phone and not hearing the info is YOUR problem. Maybe my experience with college students is giving me a bad impression of younger people in the so-called workforce.
    rollin coal and brian991219 Thank this.
  11. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    Jan 13, 2013
    SW Arkansas
    I would have parked the truck in the street as much out of traffic as I could and went in and took the test. I had to do a test in Anaheim one time and there was no way to get a truck in to park. I parked a block away on the street in a no parking zone, left a note on the drivers window and walked down to the collection site. Had two cops there when I returned. Told me they were getting ready to have it towed. I told them I wished they would have. I asked them to give me a parking ticket so I could make the company see what happens when they don't call these places and make sure that a full size tractor/trailer can park there. The ticket cost the company $100.
    Opus, wis bang, classic_150 and 3 others Thank this.
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