screwed by DOT rules and regulations

Discussion in 'Trucking Industry Regulations' started by shandala, Oct 18, 2014.

  1. John Miles

    John Miles Medium Load Member

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    Yep, drinking too much is a bad feeling ... feel bloated like your belly is gonna pop. I think I drank about 3 cups of coffee, 4 cups of water and 2 cokes ... I was starting to feel sick, nauseated, light headed ... too much liquid for a 170 lb frame. :biggrin_25513:
     
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  2. 6 Speed

    6 Speed Heavy Load Member

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    What about blood test?
     
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  3. Derailed

    Derailed Road Train Member

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    http://www.dot.gov/odapc/part40/40_191

    Number 5, sounds like he has a legitimate reason as far as DOT is concerned. I think your company is the one who did the shafting. I have also had randoms where they monitor your fluid intake if your unable to go. I forget what the amount is but if you drink to much water they say it will dilute the results.
     
  4. jte

    jte Bobtail Member

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    I agree about contacting a lawyer. See if they recommend taking another type of test, blood or hair follicle. soon to back up your claim that he was drug free and able to pass the urine test.
    Good luck to you and don't let it rest, refusing to take a drug test looks bad on apps.
     
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  5. BigSam

    BigSam Light Load Member

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    Subpart I - Problems in Drug Tests

    40.191 (a) (5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. (see 40.193(d)(2)
     
  6. shandala

    shandala Light Load Member

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    He's done with Tim Ables Trucking no matter what, his biggest concern is will they suspend his CDLS over this??
     
  7. AppalachianTrucker

    AppalachianTrucker Heavy Load Member

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    Yes, he HAS an adequate medical explanation for the failure.
    Let loose the lawyers because it looks like the company is just trying to get rid of him for not good reason.
    Lost wages, damaged reputation, loss of ability to earn livelihood, are all now on the head of that company.
     
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  8. Old Man

    Old Man Road Train Member

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  9. Neverready

    Neverready Medium Load Member

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    Something has to be done. Most companies will go no further than seeing the refusal to take drug test before tossing the application. It does seem as if he has a reasonable medical reason for failure to produce adequate amount of urine.
     
  10. FozzyNOK

    FozzyNOK Road Train Member

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    The company had nothing to do with this.. its a federal regulation. A "normal" person can produce a sample within the (I think four) hour limitation. Anytime that a sample cannot or is not produced, its an automatic refusal/failure. You will have to get to your primary care doctor and have them write up an explanation on what could have caused this issue.
     
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