Dot Tests And Regulations

So what I posted was accurate.

Well - we could split hairs here:

There is a national database that tracks individuals that failed drug tests. Thus keeps applicants from going to a different company and not disclosing the failed previous tests.

The "national database that tracks individuals that failed drug tests" - is the FMCSA Clearinghouse. HireRight DAC is an employment background checking site - that trucking companies report employees TO, and check for potential employees previous work history.

There IS A DIFFERENCE (again, splitting hairs, pardon the pun). Since hair tests are NOT DOT drug screens (YET) - they would not be reported to the FMCSA Clearinghouse. If they were, they could be disputed - since it is NOT A LEGAL DOT SCREEN - and companies know this - even if they might erroneously report it there ANYWAYS.

"Technically" (under federal employment and privacy laws) - a previous employer is ONLY supposed to relate dates of employment, and whether or not the employee is eligible for re-hire. If a company says that you were NOT ELIGIBLE for re-hire (and under FMCSA regs, potential employers are supposed to actually check references/previous employers). So if a company told another you failed a drug screen - they would be in violation for disclosing this.

I have only seen MY DAC - which has nothing on it - so I cannot relate FOR CERTAINTY, that "termination for failed drug screen", IS (or is NOT) REPORTED ON A DAC.

But the OP's PASSED URINE - should be reported on the "national database" (Clearinghouse) as a PASS - because both of them WERE. And the hair should NOT - because it is not a DOT accepted testing method.

Wasn't trying to slap you down there Pack - just trying to give accurate information as it relates to FMCSA Regs.

This will all change as soon as they get off their fat government butts and make the rule. When they DO - HAIR TESTING WILL BECOME MANDATORY - that's right - MANDATORY.

Which means we won't have to answer the question: which companies do hair testing - THEY ALL WILL - BY LAW.

Transport Topics Article: ATA Meets With OMB to Discuss Hair Sample Testing Rule

Keep in mind - the mandatory hair testing, was mandated in the "Fixing America’s Surface Transportation Act of 2015", and we all know how long the various agencies and concerned parties can kick the can down the road.

Rick

So what I posted was accurate.

In researching for another post - I came across THIS: 49 U.S. Code § 31306.Alcohol and controlled substances testing

(B)The regulations prescribed under subparagraph (A) shall permit motor carriers—

(i)to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and

(ii)to use hair testing as an acceptable alternative to urine testing—

(I)in conducting preemployment testing for the use of a controlled substance; and

(II)in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing.

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So - I may in fact - be INCORRECT about hair being reportable to the FMCSA Clearinghouse. It happens once in awhile (Rickipedia being wrong).

I was under the impression it was NOT an acceptable method.

Rick

I already looked all that up. I do things like that when I'm sitting at shippers and receivers.

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

In a urinalysis, not likely. Hair follicles, it's possible.

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

In a urinalysis, not likely. Hair follicles, it's possible.

Yikes! Scary thought. Well, I won't be doing any testing for a few months, so I guess I'll be okay.

Hate to tell my friend I can't hang out any more

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

In a urinalysis, not likely. Hair follicles, it's possible.

Actually - that's kind of a myth. You'd have to be locked in a closet with Bob Marley and never wash your dreads to pickup a contact hair positive from external exposure. Likewise for (supposed) "contact highs" or positives from being in the same room as people smoking - unless they're using vapes and fogging the entire room.

The test of for metabolites in the BLOOD - that get excreted INTO THE HAIR VIA THE FOLLICLES. There's also a threshold that the machine is set for, to ignore anything UNDER that, as a false.

There are also foodstuffs and meds that can throw a false. These usually show up in urine, but can show up in hair also.

Not saying YOU DO - but typically, people that fail - just don't want to admit they used.

We did have a guy in here - that (claimed) he was "dosed unaware" with an edible by a friend (SOME FRIEND) at his "going away party". He obviously FAILED.

If you're sitting around while your friends burn - and they burn a lot - there's a slight chance of getting a contact exposure - like REALLY SLIGHT.

Nothing is impossible in todays world - and it's not fun trying to "explain away" a failed test. But if you are legitimately NOT USING, and you're not hanging out in a grow house, or a rastafarian temple - you should fall under the threshold for a positive.

This is obviously going to get even more problematic for folks, as more states legalize it - and more people who don't even partake are going to come in "casual contact" with people that do.

Rick

Hate to tell my friend I can't hang out any more sorry.gif

How about you ask your friend not to smoke in your presence?

Rick

Hate to tell my friend I can't hang out any more sorry.gif

How about you ask your friend not to smoke in your presence?

Rick

Hi Rick, thanks for setting things straight. I guess I should clarify that she's not in my face about it; only a couple of times lit up in my presence. However, her house totally reeks of the stuff even when she doesn't fire up. I guess that's most of my concern.

Interesting thing she has an Ed.d. Highly intelligent, and I have to meet up with her occasionally for teaching state standards and training. That's my "exposure."

Hello all, I apologize for hijacking this thread but I found this thread and wanted to ask a question that was in the same ballpark instead of making a new thread.

I'll get to the point, I'm planning on getting my CDL later this summer, but for now I only needed a DOT medical card to drive my company's truck. I went to get a DOT medical card and made the mistake of admitting past marijuana use in the last 2-3 years in the questionare form. Because of this the doctor could not give me the physical and told me I would have to complete a SAP before I could take the physical. I never took a drug test and very much could pass a urine/hair test as I've been clean for at least two years, I just made the idiotic mistake of admitting past use.

I've read up on Clearinghouse and FMCSA and am wondering if I take this SAP to then pass my DOT physical, will this show up on my record when I eventually apply for a CDL/and or try to become employed?

All I did was admit prior use (which was extremely dumb) but I never failed any test and I know for a fact I will pass in the future, I just want to know if this will be a permanent etch on my record that will make it diffulct to become gainfully employed.

Any help is greatly appreciated, thank you.