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  #31  
Old 09-30-2006, 10:16 PM
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terryj9351, you're not getting it. Once a driver test positive there are regulatory requirements that must be met. If the driver fails to meet those requirements then the driver faces prosecution.

It doesn't matter what DAC does, DAC is not the regulating body.

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? 40.285 When is a SAP evaluation required?

(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.

(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.
Drivers that fail to heed this warning face prosecution and termination from their present employer when the DOT starts investigating.

Be safe.
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  #32  
Old 09-30-2006, 11:10 PM
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Default I get it, for an employee

I wasn't their employee, I was unemployed and still am. No company owns me until I'm officially hired. If you are disqualified at any point you are disqualified from possible employment. I don't think your an employee at any point until you fully qualify for that job and then you are hired. Give me more I am opened mined on the whole subject. If you apply for any job and fail the pre employment test ,you are not eligable for employment now or in the future. That includes mining, logging, fishing.Explain why this is different.
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  #33  
Old 09-30-2006, 11:20 PM
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Un Terry, you had a positive test. When you go to work for the other trucking company you are now an employee. As such you are now required to have all of the requirements fulfilled before you can perform a safety sensitive function.

Hello.

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? 40.285 When is a SAP evaluation required?

(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.
Once a driver test positive they are prohibited from driving any truck until they have fulfilled the requirements of the regulation.

You do see the words "ANY EMPLOYER" don't you?

Nice try, but the regulations covered that possible loop hole.

Test positive? You're done, poke him with a fork.

Be safe.
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  #34  
Old 09-30-2006, 11:46 PM
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Default Yes as an employee

If I go to work or am employeed by another company. I have allready past a pre employment test. I have not failed a test while employeed by a company. There are a list of safety sensitive occupations and if you fail the pre employment test you just can't get hired by that company. I Know you can go to the next and pass theirs and you are hired. It's just like the time I didn't qualify for a job because I mentioned having a bad Knee. It wasn't on my DOT physical or on my application so I was disqualified. I ain't going to put it down on a DOT or application because no one would hire me. I did get another job, the knee held up ,never had a problem and no one was the wiser. It's just like scratching a truck, you never admit it,if you do you'll get fired and have a hard time getting another job. This is a industry of lies, tell me I'm wrong.
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  #35  
Old 10-01-2006, 12:10 AM
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trust me terry,he knows what he is talking about,right myth_buster? :lol:
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  #36  
Old 10-01-2006, 02:57 AM
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Default O.K. so me the rules for pre employment

Show me the rules for d&a testing in regard to pre employment. Beside the fact that it has to be performed ,we all know that. I'm talking about
the rules on failing a pre employment other than the part that you can't perform for that employer. Show me the one that says if you fail it becomes a part of your history, that the employer can call everyone they no and tell them and you must go to a SAP. Come on guys I almost beleive it. I just can't find it in black and white.
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  #37  
Old 10-01-2006, 03:27 AM
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Thanks lonewolf, I appreciate the vote of confidence.

Terry:

Quote:
If I go to work or am employeed by another company. I have allready past a pre employment test. I have not failed a test while employeed by a company.
Yes, you have a negative pre-employment test. However, you have a positive drug test. Therefore, you are required to see a SAP, have a return to duty test, and six follow-up tests. That is why employers must ask:

Quote:
? 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?

(j) As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years. If the employee admits that he or she had a positive test or a refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process (see paragraphs (b)(5) and (e) of this section).
Quote:
There are a list of safety sensitive occupations and if you fail the pre employment test you just can't get hired by that company.
Part 40 applies to all modes of transportation, Part 382 applies to highway transportation. Part 382 has defined "Safety Sensitive Function:"

Quote:
?382.107 Definitions.


Words or phrases used in this part are defined in ??386.2 and 390.5 of this subchapter, and ?40.3 of this title, except as provided in this section-

Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:

(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;

(2) All time inspecting equipment as required by ??392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;

(3) All time spent at the driving controls of a commercial motor vehicle in operation;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of ?393.76 of this subchapter);

(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
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I Know you can go to the next and pass theirs and you are hired.
You gained employment under false pretenses, the employer will terminate your employment once it is discovered you tested positive.

Quote:
It's just like the time I didn't qualify for a job because I mentioned having a bad Knee. It wasn't on my DOT physical or on my application so I was disqualified.
You revealed additional information not required by the FMCSR. That was a personal choice.

Quote:
I ain't going to put it down on a DOT or application because no one would hire me.
If the employer offers you the questionnaire as required by Part 40.25(j) and you answer "NO." You have violated the FMCSR and may be prosecuted for:

1. Driving without a SAP referral
2. Falsifying a form required by the FMCSR In-accordance-with Part 390.35

Quote:
I did get another job, the knee held up ,never had a problem and no one was the wiser.
Happy things worked out. However, the knee issue is not the same as failing to disclose a positive drug test.

Quote:
It's just like scratching a truck, you never admit it,if you do you'll get fired and have a hard time getting another job.
Perhaps you're correct you may not get another truck driving job. However, in my opinion that's a good thing. I don't believe that drivers who tested positive belong on the road.

Quote:
This is a industry of lies, tell me I'm wrong.
Where does the lying begin? Look in the mirror for the base of the problem.

Be safe.
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  #38  
Old 10-02-2006, 01:01 PM
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There is another thing to consider, too. Each company is different. Some will consider employment beginning the moment you show up for orientation that first day and take your drug test. In this case, it will show up on DAC, as well as on your employment history at your local unemployment office.

Other companies won't consider you an employee until you take your first load and will not report it to DAC. However, in those cases, the information is stored for later release as necessary. Right now, every company must release drug & alcohol testing information for the past 3 years on every employee check. If the time comes that DOT requires the same on pre-employment tests (and it likely will soon), those reports will likely be retroactive. That means your employee could receive that positive drug test, resulting in your termination and removal from the industry for quite some time.

Full disclosure is always the best bet. It may make getting a job more difficult but at least you don't have to worry about someone opening the closet and finding the skeleton, which would be infinitely worse.
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  #39  
Old 10-03-2006, 06:09 PM
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Ok, everything is pretty close here, just thought I'd put my 2 cents in.

You are not hired until you SEAT a truck. Just going to orientation has no guarantee that you will drive for that company.

If you go to orientation and take a drug screen and a physical, you are DAC'd, granted that the company reports to DAC. Even if they don't, wherever you go to drive after that will contact the company that you failed the drug screen at, and you'll more than likely still have to deal with that situation. If you don't say that you went to the company's orientation and your new company finds out, falsified application comes into play.

Not every company reports to DAC instantly, some take up to 6 months to update a DAC report. Some take 1 week, everyone is different.
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  #40  
Old 10-06-2006, 05:55 AM
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I think some of you are smoking Pot and should quit before you get pulled for a random test.

If you have positive drug screen the company should have the right to call the law and have your dumb a$$ arrested, spend a year in jail, pay a huge fine, have your CDL taken away for life and have your a$$ kicked for doing drugs in the first place. Then I think we would have safer roads.

Just one of your fellow drivers that is drug free.
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