From the DOT post you linked to:
(2) There can be a legitimate medical explanation only with respect to a substance that has a legitimate medical use. Use of a drug of abuse (e.g., heroin, PCP, marijuana) or any other substance (see §40.151(f) and (g)) that cannot be viewed as having a legitimate medical use can never be the basis for a legitimate medical explanation, even if the substance is obtained legally in a foreign country. - See more at: https://www.transportation.gov/odapc/part40/40-137#sthash.Fdh1LJmi.dpuf
So you cannot "legitimize" a drug of abuse.
Rick
I think you're misunderstanding what I'm saying. I'm not legitimizing the OP's use of pot. My point is that there are legitimate medical reasons for testing positive for a variety of drugs. Marinol is federally legal. Testing positive for THC while on legally prescribed marinol is not a failed drug test. You still wouldn't be hired, obviously, but you would not have a positive drug test on your record and would be able to reenter the industry after getting on a different prescription. Another good example would be testing positive for opiates because you had been taking a legally prescribed painkiller like hydrocodone.
As to your previous point--those rules and standards definitely do apply to DOT drug tests, they are the FMCSA's guidelines for drug tests. Just because people here have never mentioned being contacted by the MRO does not mean it doesn't happen.
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
We have NEVER HEARD from a member here, that they were contacted by an MRO on an orientation drug screen and given the option to not disclose.
And no one said they were given the option of not disclosing. If you legitimately fail a drug test it goes on record. But the clinic has to contact you first to make sure it was truly a failed drug test and not a legitimate thing.
I love how the thread took its own turn down the wrong road and no one answered one of my questions:
If a DOT drug screen (and/or pre-employment screen) is failed, is there a required time frame for testing again? I'm not asking how long the drug takes to leave my system - I'm asking when can I start applying for driving jobs again if I failed a drug screen 8 months ago?
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
I love how the thread took its own turn down the wrong road and no one answered one of my questions:
If a DOT drug screen (and/or pre-employment screen) is failed, is there a required time frame for testing again? I'm not asking how long the drug takes to leave my system - I'm asking when can I start applying for driving jobs again if I failed a drug screen 8 months ago?
You could have done what I just did and read the DOT website and downloaded their drug policy. Basically it says that before you are requalified you must get assessed by a drug SAP pr substance abuse professional and prove you took a drug education course. Then you will be randomly tested no less than 5 months the first year of employment.
However the companies have the right to hire fire or rehire which means even if you do as necessary you probably wo t get hired. Most companies seem to require a year before they will hire a failed tester... if at all.
You seem to gloss over the careless driving that was dropped. You might be surprised to know that could be your issue not the drugs. At prime people did not disclose issues that were dropped or expunged and it made them look like liars so thy were sent home. They claimed I had an arrest on my record which wasn't true and I had to get NJ to send a form to confirm.
Take into consideration that a drug fail and a careless driving combined may not have looked good.
As far as is there a time frame to retest..... the DOT site did not soecify. It stated an assessment and drug education is required before you can be requalified. But which company is going to want to pay for that for an employee they have yet to hire and do not know his performance? Idk
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
You could have done what I just did and read the DOT website and downloaded their drug policy.
We also have the same information listed here on the TT website.
DOT Drug and Alcohol Policies & Testing
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
I love how the thread took its own turn down the wrong road and no one answered one of my questions:
If a DOT drug screen (and/or pre-employment screen) is failed, is there a required time frame for testing again? I'm not asking how long the drug takes to leave my system - I'm asking when can I start applying for driving jobs again if I failed a drug screen 8 months ago?
As Rainy alluded to - there is a "Return To Duty Procedure", that includes SAP completion.
A failed DOT Screen will end up on your DAC , and on your FMCSA Record (PSP). Though the PSP might be a little "grey", if you didn't have a CDL and were just getting into company training to obtain one.
Either way - if you want to get in - you'll have to complete a SAP Program.
BUT...
Even after completing one - it's going to be somewhat difficult to find a "training hire", with a recent failed drug screen on your record. Not saying IMPOSSIBLE - but most of the companies that are discussed most here on TT, will probably not.
As was suggested earlier in the thread - go on HireRight and get a copy of your DAC - and perhaps your PSP from FMCSA.
Out of curiosity - and to further the discussion on MRO's Disclosing Drug Screens - were you EVER CONTACTED by the MRO (Medical Examiner) to discuss the findings of your drug screen? Was it hair or urine? If it was urine only - and you only "smoked a couple of times" over 60 days previous to testing - it should have come back clean. If you were a daily burner (depending on physical characteristics), you could have dropped hot to the 60 day mark. Hair testing - 6 months (+/-).
So - if you are looking on trying to enter the industry - FIND OUT FOR SURE if you failed the Drug Screen. PULL A DAC to see if the previously mentioned would-be-employer shows up in your history (as well as failed screens).
Since you were NOT TOLD that you did - you can (almost) safely assume that you DID NOT. In which case - START APPLYING.
The embarrassment over a potential dirty (that prevented you from calling back and finding out why you were declined a hire), leaves you hanging in limbo right now.
Perhaps a call to this employer to find out WHY you weren't called back to come into orientation - will clear things up for you, and give you a clue as to how to move forward.
Rick
A CDL is required to drive any of the following vehicles:
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).
It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.
Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.
Thanks, Rick. I was never contacted by the MRO.
I requested a DAC report from HireRight almost 2 weeks ago. Just been busy with helping my parents to check in on that.
As for the "glossed over" careless driving, it doesn't show up on my 10-year driving record, so I didn't think it was an issue.
Now my mom is recovering from a hip replacement, so I'll have to wait until the end of May to start applying.
No more smoke for me!
A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).
It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.
Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.
So I’m dealing with this right now I failed a drug test for prime (cannabis) in April of 2019 had only a cdl permit. Just completed school in Oct 2020. Was in talks with western express and they told me prime reported that I failed to hire right. Of course all talks was off. So now I’m just stuck because I don’t know what to do from here. Any real suggestions on what my next steps should be? Most companies ask have you failed a drug test within the last two years do I wait the two years out which would b April of 2021 or can I still be hired somewhere
A CDL is required to drive any of the following vehicles:
So I’m dealing with this right now I failed a drug test for prime (cannabis) in April of 2019 had only a cdl permit. Just completed school in Oct 2020. Was in talks with western express and they told me prime reported that I failed to hire right. Of course all talks was off. So now I’m just stuck because I don’t know what to do from here. Any real suggestions on what my next steps should be? Most companies ask have you failed a drug test within the last two years do I wait the two years out which would b April of 2021 or can I still be hired somewhere
Howdy, Ro C.
Man, that's a conundrum. I sure don't HAVE the answers, but seeing as Western passed on you, I'm thinking you might just be on 'hold' until 4/21. Considerably, it's not that far off.
Keep your nose (and lungs!) clean until then, and doors will open.
If you never got your actual CDLA , your permit probably HAS expired by now; so it's all the more sense, to just wait, and sign on with a training company. Maybe just deliver pizza or something for now, and wait it out. The 'veterans' of this site will (may) chime in, but that's probably the 'closest' it'll get.
Stick around, thanks for stopping by our site; wish you would have before you ventured to Prime, dirty. That's a fine company, and a stickler to get into.
Wish you the best;
~ Anne ~
A CDL is required to drive any of the following vehicles:
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From the DOT post you linked to:
(2) There can be a legitimate medical explanation only with respect to a substance that has a legitimate medical use. Use of a drug of abuse (e.g., heroin, PCP, marijuana) or any other substance (see §40.151(f) and (g)) that cannot be viewed as having a legitimate medical use can never be the basis for a legitimate medical explanation, even if the substance is obtained legally in a foreign country. - See more at: https://www.transportation.gov/odapc/part40/40-137#sthash.Fdh1LJmi.dpuf
So you cannot "legitimize" a drug of abuse.
Rick
DOT:
Department Of Transportation
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.