Random drug test question

Discussion in 'Trucker Legal Advice' started by Dumpingdirts, Jun 20, 2018.

  1. Dumpingdirts

    Dumpingdirts Bobtail Member

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    Looked around a bit and can't seem to find the answer to this random situation I've come across.

    I run a small trucking company, nothing crazy only myself and two other drivers, coincidentally my girlfriend works at a different company that employs CDL drivers. I'm not to informed on the laws bc I've never had to deal with fails or refusals or anything. She runs reports, driver qualification files, all that on a regular basis.

    Anyways... The company basically employs drivers, run reports drug test all that, and occasionally "sell" them to customers to hire full time. So they sell a driver to customer and he fails his pre dug test for them. Assuming Hes passed their companies pre employment way back when and always passed randoms. So the since they pay for taking them on they call and of course say wtf give us our money back. She has to wait for her boss before she figures out what the next step for the driver is.
    My driver's occasionally will go and get jobs with my main contractor for better benefits and all that so she figured i might know It have come across it, so she was just asking if I knew info and won't give me to many details on anything else and prob wont get to hear the outcome.But this all got me curious...

    Does he need to disclose the failed test?
    What if they didn't happen to know the new job?
    Was the new job even suppose to tell them or were they supposed to just wait for the new yearly report?
    Are they obligated to take action now just because they know?(legally I mean, I know morally they should be obligated to anyway)
    Since he was employed by them what does that mean for the company?

    I know there's always a question of if preemployment fails go on report, which they do in my understanding bc any dot application is supposed to be kept on file for 7 years, but since he's already employed and assuming they don't update the report for who knows how long, WTF?

    I don't know whole situation just got my wheels spinning
     
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  3. blairandgretchen

    blairandgretchen Road Train Member

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    My wheels have spun all day. I’ve no idea how to comprehend any of this. Anybody?
     
  4. 8thnote

    8thnote Road Train Member

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    I have no idea what you are talking about.
     
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  5. Dumpingdirts

    Dumpingdirts Bobtail Member

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    I'll try to simplify the situation to broader terms, so hopefully it's easier to understand

    You work for a company as a driver for years, pass all drug tests. You decide to look for a different job for whatever reason.

    You find new job, fail pre employment DOT drug test.
    Didn't quit your current job yet, do you need to tell them?
    Once they know are they obligated to fire you or not let you drive until you go through whatever the drug program is? Or can they wait until it shows up on you dac?
     
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  6. Dumpingdirts

    Dumpingdirts Bobtail Member

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    Sorry I know its confusing
    It's giving me a headache and I posted it lol
     
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  7. tucker

    tucker Road Train Member

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    That’s a lot better.
    .
    That is a good question.
    I have no idea of the answer.
     
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  8. deathB4decaf

    deathB4decaf Medium Load Member

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    This is a really good question. I want to know the answer too. Time to research!
     
  9. x1Heavy

    x1Heavy Road Train Member

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    A failed drug test is really simple.

    That means driver is partaking illegal drugs. Maybe even legal drugs like pain killers or benzos which as of Jan 1 this year is illegal for use in CDL work until 7 times the half life of the last dose issued is passed and confirmed passed urine screening.

    The rest of it is way over my paygrade. I don't think that high. All I know is failed drug test = no more job = unhireable = SAP program = your own expense = potentially failing more tests and pernamently kicked out of the trucking industry with a big national database collecting your name and information. and that will be that.

    God help you if you are a COMPANY and you fail to collect drug test, do randoms on your drivers, 1 or 15000, and fail to do this, that or other. You might not be able to stay in business anymore.

    No wonder your "Customers" demand their money back. You are getting them to spend money on drug testing worth hundreds of dollars and sit back doing nothing. And your drivers fail it?

    Fire them.

    Anything else is not meaningful coming from me. Im just a ant way down here on the bottom of a company.
     
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  10. Dumpingdirts

    Dumpingdirts Bobtail Member

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    Thanks for not reading the actual post and just assuming I don't drug test my drivers and just scolding me and the stating that you can't answer any of the question I had asked
     
  11. x1Heavy

    x1Heavy Road Train Member

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    I read your post.

    As far as your customers drug testing drivers and wanting the money back, it's all there.

    I don't see anything about a company you own yourself testing drivers specifically. You may have people working for you who do that sort of thing maybe. But they are not here to describe the sitaution about that one who failed your customer's drug test.

    I read everything. The problem is the english. If it's not written well or possibly not including more information, let's put it that way... which does sometimes happen here there isnt much I can go on other than assumptions.

    Considering that this industry runs on making decision on incomplete information and lack of facts sometimes or not enough time to wait on the real story it's really difficult to have a proper converstation.

    Im done here and Im pretty sure you are too. That's fine. The internet talking is not the same as face to face. There is too much left out in way of various sources of information I rely on when facing a person in conversation.

    Im going to disregard the idea that I don't read posts. I do. The problem sometimes either is on my end or yours or both of ours. Or someone else I don't know. I know this. It's a mess. Ive done what I could here without making anything worse or better. Have a great day.
     
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