Rigged!
Discussion in 'Trucking Industry Regulations' started by sonofsilence, Oct 20, 2023.
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Great Question. As far as I know, they didn't. All I know is the text message I got that night from DM, which--surprise, surprise--also contained a link to the "authorization" form, read "Sorry James, I was out to lunch when you called me today. Did they [the testing facility] take care of that [the test] for you?" and that a week later I got a call from a voice on the phone asking me "Why didn't you go get the drug test last week?" and the next day my DM called me and told me, "yeah, um, about that drug test you failed last week, I'm afraid I'm going to have to terminate you for that." On-the-spot, summary termination.
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It is, and you need to take responsibility and stop blaming others. I related a story to you, I wasn’t signed in at the facility when I realized I didn’t have my license. I knew I couldn’t leave because I knew how the rules work.
And the excuse about having a load is nonsense too. Sometimes the company I’m leased to will have me dispatched a week out. Does that mean I can skip a random test that pops up if I have more loads to go get?
I’ve said multiple times that I agree Western Express dropped the ball on some things, but acting like you didn’t have a part in what you’re dealing with now is simply foolish. It’s up to you to know the rules because as you’ve learned the hard way there’s nobody around to hood your hand 24/7.bryan21384, Dennixx and wis bang Thank this. -
Thanks for sharing. Next?
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Unfortunately for the OP...
crappy training, working for a crappy carrier; woe is me, we have a good blues song in the works! -
You do not have to sign in, to be exact if you want to really know, the "sign-in" sheet is a violation of HIPPA, not for drug testing but for other medical care.
ALL You have to do is PRESENT YOURSELF to any person at the counter, tell them your name and company - BOOM!! that's all you have to do.
NO chain of custody only happens when the sample is given by the person who is being tested to the person processing the test and only at that time. Before the sample is given, there is nothing related to any chain of custody. Chain-of-Custody is a legal process outside the FMCSA regs and it is regulated by both the US DoT and court decisions.Hatt91 and bryan21384 Thank this. -
I do not agree with the "woe is me" part, and actually, I received some excellent training, just not a big "people" person. Pretty good guitar player though. Been playing since I was 10. Like the blues but prefer heavy metal. Thanks for sharing.
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Well there ya go, then. Not sure what you mean by "BOOM" though. BOOM didn't exactly work for me. When I presented myself at the "testing facility," it was "You have to fill out papers from your employer," not BOOM. Thanks for sharing though.
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I didn't catch this -
Actually, the CDL holder has to understand them. They have an obligation to provide the material or show the access to the material but it is up to the driver to learn what their obligation is.
You are trying to split hairs, the system is that if you present yourself and you are not released by the testing facility, you are to remain there until the test is complete. The company has the right to consider a refusal, no matter what the reasoning is, the testing facility has to make it clear that your paperwork - authorization - is needed and everything else is on you.
HOWEVER, seeing you named the company, you didn't do your due diligence in correcting the problem while you were at the testing facility, you only called your Driver's Management which isn't who you needed to communicate with, W.E. has a safety department, I know they do because I've talked to them before and if you didn't attempt to call them, which you have no issues with gaining any contact information for them and discuss in detail the problems that you have with an "authorization" then it is all on you.
One last thing - all of this testing has been a result of sh**** drivers we have on the road. It is going to get worse. AND these FMCSA testing guidelines follow established testing protocols, both from the toxicology advisory board and from the courts for drug testing for criminal law.buzzarddriver and Long FLD Thank this. -
OK, point well taken. Let's say there was a miscommunication between the driver, the TF and the company which prevented the driver from taking the test, BUT the driver was NOT on drugs or alcohol. Why should that driver have to go through the same exact process--RTD/SAP--as someone who IS on drugs/alcohol? Granted, immediate removal from all safety-sensitive functions seems appropriate (but only until a test can be rescheduled). Wouldn't that make more sense? Then, if the driver misses the rescheduled test or comes up hot on the rescheduled test, he will be required to go through RTD/SAP. Because, let's face it, RTD/SAP is an utterly dysfunctional program. That's because there is no incentive for a trucking company to hire a "SAP" driver, whether he was ever on drugs or alcohol or not, so really, the only ones who benefit from the program are the SAPs.
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