Profile For Utility Mechanic

Thank you all for your replies and I completely understand your points.

You are absolutely correct in pointing out my mistake in accepting meds not prescribed for me. Very poor judgement on my part.

DOT has one observation procedure known as Direct Observation which requires lowering pants and underwear to the knees, raising shirt above navel and turning completely around so the observer can check for a prosthetic device. This procedure is authorized for Return To Duty and Follow up drug tests only. It is not authorized for Reasonable Suspicion drug tests which my former employer required of me. I was not asked to lower, lift and turn around for the first 2 drug tests and when it was asked of me on the 3rd drug test I refused because it seemed extremely invasive and had not been asked of me previously, plus, it was for a non-DOT test according to my paperwork.

This same Direct Observation procedure was not asked nor required of several coworkers, effectively holding me to a different standard.

Appreciate your thoughts.

I have a CDL and am a DOT covered employee. My former employer ordered a non-DOT Reasonable Suspicion drug test because I had experienced some bizarre events out in the field. I worked for a city Water Dept and random people were sitting in their vehicle idling and doing paperwork behind my truck while I exercised a valve. When I finished that valve and went to the next valve a different vehicle would pull up behind me with their car idling doing paperwork. This continued for several days with 8-10 different vehicles each day, then the next day same thing. It was very odd and unnerving. I had asked my supervisor if work was having me followed and was told no. The next time I reported these bizarre events, my keys were taken from me and I was told to report back to the yard in the morning and they would find something for me to do.

I reported back the next morning and was taken to Occupational Health and given a Observed (not the invasive Direct Observation version that I would learn about later, just observed)Reasonable Suspicion drug test which I tested positive because I had taken some ADHD pills a friend had given me after I told him what was going on at work. He was concerned, I would lose my job, because what I was describing sounded crazy to him. I did not ever consider that an ADHD pill would be something I could test positive for. I knew that I might be drug tested that following day but never considered I would test positive.

My former employer confused the alcohol requirements of Reasonable Suspicion that requires testing just before, during, or immediately after safety sensitive duties. The controlled substances requirements for Reasonable Suspicion are anytime, which is why my test should have been DOT.

My Reasonable Suspicion worksheet has none of the 38 possible symptoms checked off. There is just a comment from a supervisor that I have been experiencing paranoia for 2 weeks. The worksheet is also unsigned and undated.

I had to go thru the Return To Duty process and was tested before I returned to work. It was also observed but again not the Direct Observation version. I was negative and back to work.

I received a call about 1 month later to report for a Follow up test. This is where I was asked to lower my pants, raise my shirt, and turn around. I refused. I asked why this was not asked of me before, Ive never even heard of this type of procedure.

I was terminated for refusing a DOT Follow up drug test. That is what is written on my termination letter and 2 other letters from different people in management.

The non-DOT Reasonable Suspicion test morphed into a DOT Reasonable Suspicion test. I appealed my termination and lost. They said the DOT reference in my termination letter was a typo. I said, but thats what the GM used to fire me.

I am aware that if a DOT test is submitted on non Federal CCF and not corrected the test must be cancelled and no consequences of a positive test can be applied.

I have the non-DOT CCF used for my Reasonable Suspicion test and I know the test should have been DOT. My question is if a non-DOT test was given when a DOT test was required. Would the test still need to be cancelled?

I have had a heck of a time trying to find an answer to this question and would greatly appreciate any of your thoughts.

Thanks for reading