Passed UA Failed Hair Test. Still Drove Truck.

Have a friend who passed a pre employment urine test but failed hair test. Was still dispatched to drive. Halfway to shipper he was told to bring load to drop yard with no explanation. After spending the night at the drop yard he was told the next morning of the failed hair test and was "separated" from company. Can this driver take action against company? Will this be on his DAC? Or should he just not add this company as a previous employer when he applies for anothet job. Asking for a friend.

Have a friend who passed a pre employment urine test but failed hair test. Was still dispatched to drive. Halfway to shipper he was told to bring load to drop yard with no explanation. After spending the night at the drop yard he was told the next morning of the failed hair test and was "separated" from company. Can this driver take action against company? Will this be on his DAC? Or should he just not add this company as a previous employer when he applies for anothet job. Asking for a friend.

I am thinking the answer is no he doesn't have a case against the company as long as they are following their own set of rules with everyone. As far as being reported on his DAC , I would say yes. To not add a previous driving job on the next application is a very bad idea because now he is lying and that is certainly a reason not to be hired in the future because they will find out (think DAC report) that he lied on his application.

Now that this had happened (and VERY GOOD CHANCE IT WAS REPORTED ON HIS DAC), I am thinking he will have a very difficult time finding another driving job. The one thing that is a real deal breaker in the trucking industry is the use of illegal drugs (the feds monitor this very closely). If he is lucky enough to find another driving job it's pretty certain it won't with any big name company any time soon (if ever) going forward.

I could be wrong here, but I am sure it will not be a cake walk going forward.

Ernie

Have a friend who passed a pre employment urine test but failed hair test. Was still dispatched to drive. Halfway to shipper he was told to bring load to drop yard with no explanation. After spending the night at the drop yard he was told the next morning of the failed hair test and was "separated" from company. Can this driver take action against company? Will this be on his DAC? Or should he just not add this company as a previous employer when he applies for anothet job. Asking for a friend.

I would never take a hair follicle test, for any company. I have a medical background of 25 years. Too long to get into. But the number one reason why I wouldn't is because of the numerous amounts of false positives. You could actually walk into a room where someone is smoking pot and it gets adsorbed into your hair. Get tested a few days later and bingo, you may show up as having smoked pot recently. Have him go to a private clinic and pay to have his urine and hair tested. If he is clean then send the results to the trucking company. If they refuse to accept it then he may have a case for wrongful termination.

p.s. most companies go with a urine OR hair test. Why did they give him both? Something doesn't sound right.

If hair gave so many false positive results, why is nearly every trucking company switching to hair?

The hair test looks at chemicals your body has metabolized, not raw smoke dust which is different. BTW, of you took a shower in the "few days" between the party and your test, no problem!

A company will certainly refuse an outside lab's results. My company refused my own DOT physical because the clinic (my own Dr actually) is not on their approved list. That will not result in "wrongful termination", whatever that means.

If hair gave so many false positive results, why is nearly every trucking company switching to hair?

The hair test looks at chemicals your body has metabolized, not raw smoke dust which is different. BTW, of you took a shower in the "few days" between the party and your test, no problem!

A company will certainly refuse an outside lab's results. My company refused my own DOT physical because the clinic (my own Dr actually) is not on their approved list. That will not result in "wrongful termination", whatever that means.

If his urine test came back clean, and hair test came back dirty. Then something is wrong somewhere. If he was terminated because of a "suspicion of drug usage" and he can prove he was clean at the time. Then I am sure that would be enough grounds for trying to get his job back or recovering lost wages due to "wrong termination". As for why are companies going with hair testing? I have no clue. (like i said the answer is more than complicated to answer)

Boomshaker wonders:

As for why are companies going with hair testing? I have no clue.

Yes it costs more. But there's a longer time frame/record. It's much harder to substitute "clean" hair for your own. I suppose it's more accurate that way.

From what I've read, urine can test the " here and now " and hair tests the " long term " usage. Companies are going with hair to look for a long term pattern because anyone can go on the Internet and learn how to pass or beat a urine test. I've looked into this because I have had questions that I can't seem to get answers for here on TT. .

David, your friend's test is almost certainly going to be reported. Have him get a copy of his DAC report from HireRight to make sure you know what's on there but he's going to have a heck of a time finding an opportunity now. He'll have to scrape the bottom of the barrel hoping for an opportunity of some sort that will give him some experience and some distance from this at the same time.

And Boomshaker, I don't know what your 25 year medical background is (and there's no reason to tell me, really) but it didn't teach you the first thing about drug testing or how it works. To make matters worse, the DOT is in the process of getting approval for hair follicle testing as an acceptable type of test to replace urinalysis and before long it's going to go through. When it does almost everyone will be switching because it goes back a lot farther, it's harder to tamper with, and prices will drop as the method becomes more prevalent.

Pretty much anyone (save for a hard-core addict) can clean up for a month or so to pass a urine drop. Hair testing detects older use.

Hair testing is pre-employment, not DOT approved. Which means, technically - companies should be doing BOTH. Urine, to satisfy DOT requirements, and hair to satisfy their own.

I'm assuming your "friend" (cough cough - since this was your first post here), was already licensed and had experience, since they tested and dispatched him immediately.

Which begets the question as to whether or not your "friend" was actually "legitimately dirty" at some point, in order to trigger a positive test.

This WILL go on a DAC - but may (or may not) be reported to FMCSA (since hair is not an approved test).

Either way - a "return to duty" procedure (SAP program, etc.), is likely going to be required, before getting on with another carrier. If "they" can get on AT ALL in the near future.

While I have sympathy (or empathy) for addicts (being a LONG TIME RECOVERING ONE myself), the industry DOES NOT. They constitute a much higher liability risk. Most (if not all) companies are going to want to avoid "potential problem children", as there is a great enough pool of potential candidates out there, that hiring someone that may be a higher risk for future issues, is just not worth the risk.

Best of luck to your "friend" in the future. If they do have a "problem", best they seek help for it in any event.

Rick

David, your friend's test is almost certainly going to be reported. Have him get a copy of his DAC report from HireRight to make sure you know what's on there but he's going to have a heck of a time finding an opportunity now. He'll have to scrape the bottom of the barrel hoping for an opportunity of some sort that will give him some experience and some distance from this at the same time.

And Boomshaker, I don't know what your 25 year medical background is (and there's no reason to tell me, really) but it didn't teach you the first thing about drug testing or how it works. To make matters worse, the DOT is in the process of getting approval for hair follicle testing as an acceptable type of test to replace urinalysis and before long it's going to go through. When it does almost everyone will be switching because it goes back a lot farther, it's harder to tamper with, and prices will drop as the method becomes more prevalent.

Brett, all I was stating and trying not to get deeper into it was. Hair tests have a number of variables to them. There are a few (OTC) medications that may sometimes lead to erroneous results. Which can result in a false positive. But this is getting way off topic. My reply to the original poster was (giving him the benefit of the doubt) that if they know they are clean, then go get a test done on your own to show that company. Or, the next potential company that the test was flawed. (that was my main point)