I just overviewed part 40 (The drug and alcohol testing provision) and did not find anything either way. If you want to read it yourself it's at 49 CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS
Otherwise all I can suggest based on the specificity of the question is the boilerplate "Find a lawyer that does drug testing cases and ask him"
Random drug test question
Discussion in 'Trucker Legal Advice' started by Dumpingdirts, Jun 20, 2018.
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I think if the driver that failed his test doesn't tell his present employer, and the other company doesn't either, he could keep driving for your current job with no one the wiser. For now.
But starting Jan 6, 2020 all drug and alcohol test will be entered into the FMCSA Drug & Alcohol Testing database. All companies will be required to check this database when hiring new drivers. And once a year all compnies will have to check the database for their current drivers.homeskillet Thanks this. -
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Come January 06 2020 their is going to be a crapload of job vacancies -
blairandgretchen Thanks this.
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brian991219 Thanks this.
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Are you sure about that? Got a link that says such? -
BUT I don't have a girlfriend.
Sometimes I wish I still had one, that's the crazy thing in my life, too many women telling me what to do - Wife and daughters.
As for your drug testing knowledge, as a small company, most likely local, chances are you won't need to worry about it.
However as someone who worked for a contracting house (that is a company that places contractors in different jobs for customers because they need flexible labor), I know all too well what is needed and not needed.
That said, this is a common practice.
Here is the thing, that's the customer's problem, not your girlfriend's company's problem.
Here is why.
The driver is applying for the company's employment which has ZERO to do with your girlfriend's company and their business practices.
Your girlfriend's company has a contract to provide labor, not a named driver and because of that fact, the payment is made to release the driver to allow him employment at the customer's company per the contract with the customer, nothing else.
When the release takes place, that driver is the problem of the customer, no one else.
Unless there is a liability clause involved with the conversion within the contract, then there is no obligation to "refund" any money.
As a consideration your girlfriend's company can offer another driver at a lower rate but refund?
no
All the drug info and FMCSA requirements are meaningless and really doesn't matter. -
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06driver Thanks this.
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