Drug Test Violation That I Got Cleared Popped Back Up On My Record

Topic 32829 | Page 1

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Tucker's Comment
member avatar

I had a drug test violation with the FMCSA back in October that I got taken care of in November. I went through an SAP and everything. I received an email today informing me that the same violation that was taken care of is back on my record.

Does anybody know why that happened, and what I should do? I stopped driving a few weeks ago, but I just don't want this on my record. This makes no sense, and it's causing too much of a headache.

CSA:

Compliance, Safety, Accountability (CSA)

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

FMCSA:

Federal Motor Carrier Safety Administration

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?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

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.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

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.

Deleted Account's Comment
member avatar

The positive test will show up for 5 years in the clearinghouse even if you complete the return to duty process (including SAP)

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.

Old School's Comment
member avatar

I'm not sure what you mean by "clearing up a failed drug test." Going through SAP doesn't remove the evidence that you failed a test. It merely means you've taken the required steps to deal with your issues. At that point it is still up to the employers discretion. Most of them feel they have much better candidates to choose from.

I mean no disrespect to you Tucker, and I'm thrilled for you if you've figured out how to stay away from your vices. Employers who are willing to put you behind the wheel of 40 tons are going to be far less thrilled than me though.

It's the reality you face now. It's called consequences. Trust me I know about consequences. They can be overcome, but it takes resilience, resolve, and responsibility.

Hang in there, apply everywhere, and if you get a recruiters ear, try to explain your situation while taking full responsibility for the failed test. Tell them what you've learned and how those lessons will make you a much better driver now.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Tucker's Comment
member avatar

I went through an SAP and completed the return to duty process in November. I was able to drive until 3 days ago. Those same violations that I got taken care of in November are prohibiting me from driving again. This shouldn't be happening. It's expensive and time consuming and I don't want to go through it again. This is very frustrating, and it shouldn't be happening.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
PackRat's Comment
member avatar

Why were you required to complete a SAP program? Never read the reason for that.

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.

Old School's Comment
member avatar

Tucker, explain to us what a drug test violation is. I've never heard of one.

I'm starting to wonder if we don't understand what happened. Normally you pass or fail a drug test and there's not much recourse if you fail. I've simply never heard anyone refer to having a drug test violation.

Can you elaborate and be more clear and specific with us?

Maybe we are understanding. Maybe you prefer being really vague because it helps you develop a sense of being a victim instead of taking responsibility for your issues and facing the consequences. I'm not accusing you of anything. I just wonder why you seem to feel the way you do but the rest of us can't even understand what your true situation is. The key to having someone help you is to give them accurate information.

Pacific Pearl's Comment
member avatar

Does anybody know why that happened, and what I should do?

Don't use Schedule 1 drugs if you want to work in a safety-sensitive occupation.

Completing the SAP process doesn't remove a violation from your record it just makes it legal for you to drive again IF your employer wants to deal with the extra hassles involved with hiring an SAP driver. Most companies don't. Your best bet is to go to Simplyhired, Indeed, or whatever your favorite job board is and type, "SAP friendly" in the search bar. Explain your situation and answer all questions honestly. You can drive again but you will have limited choices for the next few years.

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.

Andrew Y.'s Comment
member avatar

What Tucker is referring to is the Administrative end of the event of testing posative. For example: Your employer tests you and that comes back posative. The employer is then required to report this to FMCSA. Or more specifically the FMCSA Drug & Alcohol Clearinghouse. Drug "Violation" is the term the Clearinghouse uses in the event of a posative test for drugs. The verbiage of the response to the question of " How long will a violation stay on my FMCSA Drug & Alcohol Clearing house record" states "Five years or until sucessful cometion of the DOT SAP RTD process [(Department of Transportation Substance Abuse Program Return to Duty)] which ever comes first. Marijuana is no longer legally or medically considered a serious (cant recall the term (Schedule something)) drug in California. But remains so federally. So this too will cause the staggering amount of career, employment, and reputational destruction as methamphetamine. In my opinion, some attempt should be made to determine severity or frequency or how much, how long type of info. We may be operating a vehicle with 40 tons and all, and that is a very valid concern but we also dont make the same judgements for those who drink alcohol on their time off. And as far as things staying in you system and affecting reaction and judgement I will admit a serious difference, but meth stays in your system no longer than alcohol and marijuana stays in your system for 3 months. So there is a less than reasonable judgement being made between the chemicals. Im certainly not defending any drug use at all but that includes alcohol. And we all accept alcohol. Whatever the case, someone may enjoy a joint on the weekend and not be a pot head. Likewise someone may take meth occasionally and not be a tweaker with scabs and rotting teeth. Just as someone may have consumed alcohol over their days off and.not be a crazy ass alcoholic. And, as we know, alcohol is a serious violation.

Tucker, explain to us what a drug test violation is. I've never heard of one.

I'm starting to wonder if we don't understand what happened. Normally you pass or fail a drug test and there's not much recourse if you fail. I've simply never heard anyone refer to having a drug test violation.

Can you elaborate and be more clear and specific with us?

Maybe we are understanding. Maybe you prefer being really vague because it helps you develop a sense of being a victim instead of taking responsibility for your issues and facing the consequences. I'm not accusing you of anything. I just wonder why you seem to feel the way you do but the rest of us can't even understand what your true situation is. The key to having someone help you is to give them accurate information.

CSA:

Compliance, Safety, Accountability (CSA)

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

FMCSA:

Federal Motor Carrier Safety Administration

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?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

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.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

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