Failed Drug Test
Topic 21772 | Page 1
The urine is tested 12 times for each sample provided. The biggest question is did you use illegal drugs?
First of all, did you do any marijuana or not and when a DOT drug screen is collected it is required that the specimen be a split specimen so that if the first specimen is considered positive the donor has the right to dispute the results and pay to have the other half of the specimen sent to a second lab at the donor's expense and retested by another lab. This confirms the first test since they are both part of the same specimen collected. If the second specimen comes back the same or different then the only way to fix that is either fight it in court or do another drug screen ASAP as an Observed collection and then there is no chance of anyone saying that the specimen was tampered with. DOT has no tolerance for any types of drugs in someone's system, other than meds that are legally prescribed by a physician for a specific reason. Since it is 6 months left with the current situation, not much to do but wait it out and make sure that you never put yourself into a situation where that can happen again.
SAP:
Substance Abuse Professional
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.
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.
Nope, asked them to check the 2nd vile. Said No. I hired 2 lawyers with no help...
The urine is tested 12 times for each sample provided. The biggest question is did you use illegal drugs?
First of all, did you do any marijuana or not and when a DOT drug screen is collected it is required that the specimen be a split specimen so that if the first specimen is considered positive the donor has the right to dispute the results and pay to have the other half of the specimen sent to a second lab at the donor's expense and retested by another lab. This confirms the first test since they are both part of the same specimen collected. If the second specimen comes back the same or different then the only way to fix that is either fight it in court or do another drug screen ASAP as an Observed collection and then there is no chance of anyone saying that the specimen was tampered with. DOT has no tolerance for any types of drugs in someone's system, other than meds that are legally prescribed by a physician for a specific reason. Since it is 6 months left with the current situation, not much to do but wait it out and make sure that you never put yourself into a situation where that can happen again.
SAP:
Substance Abuse Professional
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.
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.
So a "Major Carrier" that had tons of money invested in you, just decided to one day on a whim, risk a wrongful termination lawsuit just to get rid of you by faking a positive result on a drug screen? Since this is the way I read your above posts, I am very skeptical concerning your story at this point. Good luck.
Matthew, did you have your CDL when this happened? I'll reserve further comment until I know the answer.
CDL:
Commercial Driver's License (CDL)
A CDL is required to drive any of the following vehicles:
- Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
- Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
- Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
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It has been 2 years 4 month's, since I failed a drug test. For a Major Carrier. I have only 8 more months till it come off my DAC. It has been a long road. The problem was it was a messed up test. Before I went to the Carrier, I went and up dated my Med. Card. Which includes a drug test. Passed with a 2 year card. 3 days later they said I failed for marijuana was sent home. As soon as I arrived at Home went back and took another drug test. Passed... But the damage was already done. 3 years on my DAC for a fail.. It has been terrible working all kinds of jobs. Digging trenches to mowing. Can't wait to drive again.....
DAC:
Drive-A-Check Report
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.
OWI:
Operating While Intoxicated