Profile For Mickey R.

As far as doing the return to duty sap thing. it can be a double edge sword. Yes you will be able to work usually within 2 weeks and one year of at least 6 random drug tests. But now your employer will definitely know about your failed test. I don't know how long dot keeps that information or DAC.

It also means that on potential subsequent applications - you would have to answer YES to the "have you ever failed or refused a drug test" - or get caught lying on an application if (when) it shows on a DAC.

Since it appears in this case, that the employer DID REPORT IT - it's pretty likely that the "Return To Duty/SAP" process has to be completed - even if he attempts to go with another employer. FMCSA Regulations are pretty clear on this. And it has to be an APPROVED SAP PROVIDER - not some guy you met at an NA/AA meeting.

Approved SAP Providers can be found here:

www.nsapn.com www.saplist.com www.findtreatment.samhsa.gov www.sapreferralservices.com www.sapaa.com

FMCSA Regs don't appear to allow a lot of leeway here...

Rick

Rick you are right on the rules and regs. And if the positive test is reported to DAC then it is there and he will have to deal with it or leave the business. But if it has not been reported to DAC then and prospective employer will not know as this is not reported to other employers or agencies. This sort of thing has been happening for years (job hopping or state hopping) and the failed test goes unnoticed. A bill was supposed to be passed to establish a national data base to plug that loophole. where failed test were reported and then stopping job hopping. But I don't know if the bill has passed yet.

As far as doing the return to duty sap thing. it can be a double edge sword. Yes you will be able to work usually within 2 weeks and one year of at least 6 random drug tests. But now your employer will definitely know about your failed test. I don't know how long dot keeps that information or DAC.

I totally understand where everyone is coming from and I do agree that it's a very important job where many lives are at risk every time you drive. I don't see "random" tests being an issue. I have no intent on smoking again. I had actually never thought about driving trucks til I became unemployed and couldn't find a job that paid more than minimum wage in my small town. So now I was unemployed and looking for work. I've always wanted to get out of this state for as long as I've been out of high school and so being able to travel was a plus too. Thanks for all the advice too. Ill be getting this SAP completed as soon as possible and hopefully be able to restart this with a somewhat clean slate.

You may be ok. I would first check with DAC to see if you are there. I personally doubt it. The good news is that you aren't planning on smoking again. Also you may be ok. The thing is that you did a preemployment and never got hired. Carriers do not report failed drug tests to dot or FMCSA unless dot or FMCSA are conducting an accident investigation. A carrier is required to keep failed tests and non failed tests on record for I believe a minimum of 2 years. And for Dot to see them they would have to do an audit of that company or if that company was picked to submit mis reports which usually only go back 1-2 years, depends what dot wants if they want it. If there is nothing with DAC then if you went to work for someone else ( tested clean) and did not tell them about your failed test they would not know because you never worked for the carrier you tested positive for. You could elect not to tell them about your failed test. Testing facilities do not report to dot or FMCSA. Their MRO will however report to the company you tested positve and to a sap and dot if there is an accident investigation even without your consent. As far as employers go. It is illegal for them to give your information to another employer without your written consent. They do not report to dot but keep drug tests on record for a minimum of 2 years. If they don't get an audit you may never be discovered that you failed a test because if DAC doesn't have it and 2 years pass it is highly unlikely that you would ever be found out. In the mean time if you are serious about driving, drugs will be a problem.