Should I walk out of this interview?

He drank some of his on camera to PROVE it's for short term hydration.

"Trained from a young age in martial arts, Grylls went on to spend three years as a soldier in
the British Special Forces, as part of 21 SAS Regiment. It was here that he perfected many of
the survival skills......"
Bear's Story

 

That happened in one of the old TTR threads. Guy had a cold sample. Clinic wanted a retry with a spectator. Guy had pickle shyness and walked outside for a nicotine rush. Popped for a refusal and couldn’t understand why no one at the employer would speak to him.

3 full pages of sympathy from sympathizers still don’t negate the need for a SAP program.

 

I'm still trying to wrap my head around how walking out of an interview would turn into a failed drug test?

You're not even an employee at the interview stage

 

I had to do many drug tests over the years , always walked out mad ,no drugs to test at all! ,just made me pee in a stupid cup.

 

There are several rules in 49 CFR that are confusing and in some cases surrounded by myths and falsehoods. Part 382.301 is such an example. Notice how this rule is written VERY broadly? Understand I am NOT defending the rather silly way it is written and how it is interpreted by some carriers. I know of many situations where drivers smoke weed thinking it is perfectly OK only to get gobsmacked by this testing. Once you enter the testing site you are deemed a refused to test if you leave. Honestly, the chances of getting this fixed without going through SAP are almost nonexistent.

Since I know there are lurkers reading this. I am speaking to you the person thinking about getting into trucking. Stop smoking that crap NOW! Allow at least 6 months to elapse before doing anything. NEVER enter a carrier's property for an interview, pre-hire situation, or for that matter Orientation until you are 100% you can test clean, and DO NOT leave the area you are told to stay for any reason until you are told to leave. If there is a delay speak to someone to see if you can make another appointment. Walking away EVEN in a pre-hire situation (((((( CAN ))))))) come back to bite you!

I also won't get sucked into a debate between an interview and a testing site. I remember a situation about 2 years ago when a guy went to an interview and was hired and went right into safety to be tested. Not all drug testing is done in clinics now. I actually asked someone at the FMCSA Southern Office about 40.191 (2) a while back. The lady said the key word in that rule was the word commences. I then asked her to define "employee" for the purposes of part 40 and part 382. It is not easy to find. What she told me confused the situation even more. She said there is no clear definition of "employee" with regard to pre-hire testing because the FMCSA leaves that up to the carrier. Almost every carrier where I know people either in HR or Safety has told me they pre-hire once the application is accepted subject to the testing required by part 382. Be warned, once the carrier starts that chain of custody testing form they have to finish it. As I said, I'm not getting sucked into a debate on this topic. I am just warning all newbies to be CAREFUL and use due diligence when it comes to using prohibited substances and testing, even in pre-hire situations.

 

I believe the proper procedure is to roundhouse kick the CEO in the back of the head and knock him to the floor. Then stand on his shoulders, piss in his face while loudly proclaiming that you "ain't got no panties on".

This will ensure your position as driver of the year with a pay raise to $4.00 per mile.

 

As far as I'm concerned, if I'm at an interview, I am not an employee until my signature is on the employment letter. At that point its just a few people having a friendly chat.

I doubt there'd be a lawyer anywhere on the planet that could somehow make a case out of someone being an employee if there's not a single shred of documentation to back it up.

 

---and this is your first mistake. I draw your attention to how some state DOT cops give warnings along with violations found in the DOT Inspections. Heck even if you go to court and win a case it is almost impossible to get that dang violation out of the Federal Database. The reason for this is because of rulemaking authority. As I said, those rules are VERY broad and this is done for a reason. YOU may hold the opinion a simple interview is just an interview but that does NOT mean you will win with this argument. I will repeat, I have spoken to the Southern Office of the FMCSA about THIS VERY ISSUE. The FMCSA 100% backs the carriers. Thankfully most carriers don't do this, but enough do that people need to be warned about leaving in ALL situations during the hiring process. That FMCSA office is located at 61 Forsyth St, SW Suite 3M40 Atlanta, GA 30303 and their phone number is (404) 327-7400. PLEASE don't take my word for it! I highly recommend you (or anybody else that cares) call them!

 

Personally, as soon as it was clear that things were delayed, I would have been on the phone to the broker about detention pay.