DRUG TESTING PLEASE HELP

[kc0iv]

my boss called and said I was up for a random, but we werent going to miss a load over it, he said next time I got in early, to go and do it.

No skin off my teeth, but your boss just broke the law. He's not allowed to tell you that in advance.

If you were wanting a raise, you might want to point this out to him, with a bit of Tony Soprano "squeeze" to go along with it!

it's not against the law for the boss to tell you that you are up for a random drug test. what is he supposed to do, put a blindfold on you and take you for a surprise ride?

You might want to read section 382.305 (k)(1) and (l) : quoted below

(k)(1) Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.

(l) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety- sensitive function and proceeds to the testing site as soon as possible.

kc0iv

so what part of that says it's illegal for your boss to tell you that your name came up? he probably should have waited until I got in to tell me, but he knows I dont do drugs and it wouldnt be a problem.

Did you read the part "Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced. " and "Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately;"?

Simply put The employer can not advise the employee in advance that a random is due until the employee is sent for testing. It makes no difference if he knows you can pass the test.

Think about it for a moment. If you know in advance then it can't be a random unannounced test.

As golfhobo said -- Your boss broke the law. Your boss should have waited until such time as you were free and not miss that load you spoke of. It not uncommon for companies to wait before the employee is told about the random. Most companies receive the notice well in advance so they can arrange for the employees to be free.

As a side note. There are companies that select certain employees (knowing they will pass the test) while knowing other employees would fail. Your example and the one I just gave is why I think all employees should be tested and the notice should be given by an independent source.

kc0iv

[Fredog]

my boss called and said I was up for a random, but we werent going to miss a load over it, he said next time I got in early, to go and do it.

No skin off my teeth, but your boss just broke the law. He's not allowed to tell you that in advance.

If you were wanting a raise, you might want to point this out to him, with a bit of Tony Soprano "squeeze" to go along with it!

it's not against the law for the boss to tell you that you are up for a random drug test. what is he supposed to do, put a blindfold on you and take you for a surprise ride?

You might want to read section 382.305 (k)(1) and (l) : quoted below

(k)(1) Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.

(l) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety- sensitive function and proceeds to the testing site as soon as possible.

kc0iv

so what part of that says it's illegal for your boss to tell you that your name came up? he probably should have waited until I got in to tell me, but he knows I dont do drugs and it wouldnt be a problem.

Did you read the part "Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced. " and "Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately;"?

Simply put The employer can not advise the employee in advance that a random is due until the employee is sent for testing. It makes no difference if he knows you can pass the test.

Think about it for a moment. If you know in advance then it can't be a random unannounced test.

As golfhobo said -- Your boss broke the law. Your boss should have waited until such time as you were free and not miss that load you spoke of. It not uncommon for companies to wait before the employee is told about the random. Most companies receive the notice well in advance so they can arrange for the employees to be free.

As a side note. There are companies that select certain employees (knowing they will pass the test) while knowing other employees would fail. Your example and the one I just gave is why I think all employees should be tested and the notice should be given by an independent source.

kc0iv

it still doesnt say its illegal for him to tell me nor does it mention any penalties for doing so.
by the way, if my boss had any doubts about a driver being able to pass, he would get him in right away without any warning. we dont play that game,in 50 years in business, the company has never had a fatal accident and has never been sued. I think that says something.
so lets leave it at this. he should have done it the way you are suppossed to, he didnt break the law but he did violate regulations. he didnt do it to get away with anything, he simply thinks that a random test for someone who he knows is clean is not worth missing a load for.

[kc0iv]

it still doesnt say its illegal for him to tell me nor does it mention any penalties for doing so.
by the way, if my boss had any doubts about a driver being able to pass, he would get him in right away without any warning. we dont play that game,in 50 years in business, the company has never had a fatal accident and has never been sued. I think that says something.
so lets leave it at this. he should have done it the way you are suppossed to, he didnt break the law but he did violate regulations. he didnt do it to get away with anything, he simply thinks that a random test for someone who he knows is clean is not worth missing a load for.

Those same rules and regulations don't say anything about penalties for violating the hours-of-service either but I can assure you any rule violation can be prosecuted.

I do agree let's leave it to however you want to believe. I can see you have made up your mind and you are not going to accept the facts as they are written.

Have a great day.

kc0iv

[ddog]

Too bad they just can put microchips under our skin. You can't fool the tests and 2 days does not make any difference: you cannot 'mask' against the new tests.

Firing and damaging ones records due to intentional 'fuzzy or mumbling communications' and making employee lose time and money is ridiculous. I'd be happy peeing in a jar every time I was at terminal for them.

Obviously, every time the company wants to escape a liability, this tactic, dac, or even a hazmat misunderstanding are a driver's triple threat and intentional harassment. And there is no recourse the drivers (or any employees to a lesser degree) have against unjust career marks carved in stone on their record. All drivers are just happy to get it off their record and think think they won. They have just lost less, but in no way was fairly compensated for the intentional wrong doing.

Hitler would have been proud of these tactics to manipulate his soldiers. You can systematically prevent undesirable behavior, or you can systematically harass and destroy careers. Any behavior tech knows negatively reinforcing behavior patterns has undesirable effects on overall employee population. duh!

In other words, Fredog and his boss relationship is fully living up to the policy of the law. The procedures of the law stinks and are testing technology-wise outdated. The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

[Useless]

The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

DDOG;

Any driver who has been driving for six years, as Mikee claims he had been, should know that there is no such thing as "a couple of days fair warning" on a drug test, nor is there any such thing as "I'll get to it tommorrow".

He should have gone to take his drug test when he was told to. Personally, based upon the inconsistancies that I found in Mikee's IP, I'm really inclined to believe that there is a whole other side to this story that we haven't been told. I'm absolutely no fan of SWIFT, but I'll side with them on this one!!

In any event, guess Mikee's been doing double-time at The Golden Arches, since we've not heard from him since he tried to "educate" me about HIPPA!!

I STILL get a laugh looking back at that!!

[Useless]

I was told that afternoon by driver manager that I could go in the morning and he said OK. HE never said IMMEDIATLY or your terminated. I weould have left right away it was a MISCOMMUNICATION.

I believe that when someone is called for a random, they are supposed to be instructed that they have four hours in which to get it done. In any event, with 6 years under his belt, Mikee should have known that.

now they are getting me for refusal due to his not wanting to be honest and saying it was misunderstood on both parts and there was NO FAIR WARNING no coupkle days in advance or I would have been there beforehand.

This part is really a joke; "a couple of days fair warning??

Im going to be in contact with DOT in washington im not letting this one lay down HIPPA rules even in effect they wanted me to discuss my medical situation in a room full of other drivers taking test.

This is where Mikee trips over his own shoe laces; if he never showed up for the test, then hoe could he have been asked to discuss his medical situation in a room filled with other drivers?? In any event, I'm sure that the folks in the HIPPA office enjoyed a good laugh over this one!!

I was humilitated,embarrassed,shocked, they dumped me and my lady on the street with no way to get home

Sucks to be Mikee!!

[ddog]

The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

DDOG;

Any driver who has been driving for six years, as Mikee claims he had been, should know that there is no such thing as "a couple of days fair warning" on a drug test, nor is there any such thing as "I'll get to it tommorrow".

He should have gone to take his drug test when he was told to. Personally, based upon the inconsistancies that I found in Mikee's IP, I'm really inclined to believe that there is a whole other side to this story that we haven't been told. I'm absolutely no fan of SWIFT, but I'll side with them on this one!!

In any event, guess Mikee's been doing double-time at The Golden Arches, since we've not heard from him since he tried to "educate" me about HIPPA!!

I STILL get a laugh looking back at that!!

I agree, but Mikee and Freedog may be good examples of procedures working and policies working respecitvely. No foul play with either of these examples. If you never go AT ALL, you are likely trying to stall for a month or two, lol.

[Fredog]

The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

DDOG;

Any driver who has been driving for six years, as Mikee claims he had been, should know that there is no such thing as "a couple of days fair warning" on a drug test, nor is there any such thing as "I'll get to it tommorrow".

He should have gone to take his drug test when he was told to. Personally, based upon the inconsistancies that I found in Mikee's IP, I'm really inclined to believe that there is a whole other side to this story that we haven't been told. I'm absolutely no fan of SWIFT, but I'll side with them on this one!!

In any event, guess Mikee's been doing double-time at The Golden Arches, since we've not heard from him since he tried to "educate" me about HIPPA!!

I STILL get a laugh looking back at that!!

I agree, but Mikee and Freedog may be good examples of procedures working and policies working respecitvely. No foul play with either of these examples. If you never go AT ALL, you are likely trying to stall for a month or two, lol.

lets beat this subject to death, I got nothing else to do right now. in our case, we are a small company, to get a drug test. we have to call the local doctor and get an appointment. I then have to park the truck at the yard and drive over to the doctor. so thats why I was told to get it the next time I was in, he want going to route me to the shop and make me miss a load. now if I had a wreck or was suspect, then that would have been entirely different

[Useless]

No one is beating the thread to death, Fredog!!

No one is forced to read it nor is anyone forced to post.

[Fredog]

No one is beating the thread to death, Fredog!!

No one is forced to read it nor is anyone forced to post.

some of the people on here act like they are forced to read every post. they complain about posts that dont interest them or dont agree with them, they way some of them complain, you would think they were truck drivers :rock:

[Useless]

No one is beating the thread to death, Fredog!!

No one is forced to read it nor is anyone forced to post.

some of the people on here act like they are forced to read every post. they complain about posts that dont interest them or dont agree with them, they way some of them complain, you would think they were truck drivers :rock:

You were the one who commented about "beating the horse to death"!! At the same time, this thread does illuminate the total absurdity in some people's thinking. Since there are a lot of noobs, plan2B's and wannabees here at CAD wanting to learn a few things about the industry, it really doesn't hurt to remind them of what is and is not acceptable when it comes to drug testing.

[Fredog]

No one is beating the thread to death, Fredog!!

No one is forced to read it nor is anyone forced to post.

some of the people on here act like they are forced to read every post. they complain about posts that dont interest them or dont agree with them, they way some of them complain, you would think they were truck drivers :rock:

You were the one who commented about "beating the horse to death"!! At the same time, this thread does illuminate the total absurdity in some people's thinking. Since there are a lot of noobs, plan2B's and wannabees here at CAD wanting to learn a few things about the industry, it really doesn't hurt to remind them of what is and is not acceptable when it comes to drug testing.

what horse?
I'm not arguing, (I think) I just thought people were tired of hearing me, I will be glad to ramble on forever or at least until I get sleepy :shock:

[Useless]

what horse?
I'm not arguing, (I think) I just thought people were tired of hearing me, I will be glad to ramble on forever or at least until I get sleepy :shock:

Well, then carry on and RAMBLE AWAY!!

Or, you can get on the "Tin Can CB" airwaves!!
(SEE: And The Survey Says?? Forum, "What Kind of Radio?" Thread)

DAYUMM!! I had to dry the Diet Coke (drink, not the drug!!) off of my keyboard after that one!!

STILL ROFLMAO

[Fredog]

what horse?
I'm not arguing, (I think) I just thought people were tired of hearing me, I will be glad to ramble on forever or at least until I get sleepy :shock:

Well, then carry on and RAMBLE AWAY!!

Or, you can get on the "Tin Can CB" airwaves!!
(SEE: And The Survey Says?? Forum, "What Kind of Radio?" Thread)

DAYUMM!! I had to dry the Diet Coke (drink, not the drug!!) off of my keyboard after that one!!

STILL ROFLMAO

you wont sucker me into getting on that tin can frequency with the rest of you criminals.. nice try though

[TonyandDeb]

what is hippa?

[kc0iv]

what is hippa?

Health Insurance Portability and Accountability Act

See: http://en.wikipedia.org/wiki/Health_...untability_Act

kc0iv

[Mad Fatboy]

Poor Mikee...
I read all this last night and had to wait for my registration to be approved before I could make a few comments.

First, he said that he had been driving for 6 years, I'll bet not with Swift.

Second, He probably wasn't the twinkle in Swift's eye, he did or continue to do stuff that was pissing them off.

Third, They set him up to be fired and he fell for it. They have probably been waiting for the opportunity for months to terminate him without recourse.

Fourth, His "I'll do it tomorrow" attitude was probably the root of all his troubles.


This reminded me of an incident at a company that I drove for in the 70's. There was a driver that managed to screw up by the numbers every chance he got and fortunately nobody got killed or injured.
It got to the point of a contest to be the person to fire this guy. One afternoon I was in the office and the terminal manager got a phone call from the vice president of the company that he just got the honors of firing Richard at the terminal in Savannah. My TM was upset that he didn't get to do it.

But back to the point: Mikee doesn't have a leg to stand on. Swift 1, Mikee 0.

[Senorjhawk]

I have been terminated from SWIFT Trucking due to Miscommunication with driver manager due to a drug test he said ASAP then he told saftey that he told me immediatly. me and the better half are stuck in Mesa AZ with all our luggage and they wont even pay our way home expect for a bus fare. ythat means we have to somehow take and leave stuff that means alot to us and get rid of the rest and as they say I refused a drug test which was wrong as i went within 24hrs had I know it was urgent I would have left as soon as possible.im at my daughters house til we figure out what to do I FEEL SO SICK due to this in 6 yrs driving ive never refused or failed a DOT test ever plz help with REAL ADVICE,im lost

Here is an article discussing this subject.
http://www.dotjobhistory.com/articles/Randomtest.asp

[Skywalker]

Here is an article discussing this subject.
http://www.dotjobhistory.com/articles/Randomtest.asp

Thanks for posting that article. It is VERY, VERY, VERY INFORMATIVE and is the gospel on this issue. It should be mandatory reading and a test on it afterwards.

If you get selected for a "random"..... you get it done "30 minutes ago". you do not have 24 hrs or a couple of days to "getroundtuit"......

If anything....even if you have never even looked at drugs in your life, this is one issue that will bring your driving career to a dead stop in the water. If you get nailed for ailing to get it done "30 minutes ago".....you're done! Your only two outs that I know of are "death" and hospitalization at the time you are selected....other than being on actual vacation.

DO NOT PLAY GAMES WITH THIS ISSUE!

[golfhobo]

Yes, the article was informative and a good read. But any TEST should be based on the REGS, and not just this article. Not enough info here.

1) I believe the REGS say you have 2 hours (not 4, Useless...) to COMPLETE the test. (I did not check this fact at this moment, but it is MY understanding of it.)

2) I may have used the wrong word when saying the "boss" broke the LAW. These ARE regulations, and breaking them can cost you your license, or authority (for the employer,) but not necessarily get you jail time. If you no longer care to drive a truck..... go ahead and flaunt them!

3) The FMCSA and DOT do not CARE if your boss TRUSTS you! The regulations/procedures MUST be followed for ALL CDL holders, (and carriers,) without regard to what the employer THINKS he knows about an employee.

4) Yes, there are all KINDS of "ways around" telling an employee of a random.... but they do NOT include TELLING him of a random and then giving him some leeway as to WHEN to do it. Once the telling is done.... the procedure is on a clock that NO ONE has control over.

5) For example..... my company has a chalkboard up that says, "the following people need to see [one of our personnel employees.]" This IS a code of sorts, but it meets the letter of the regulation. You will not be officially "notified" until you see that person! Other companies use the wording, "Come see me when you get on the yard."

6) But, ONCE an employee (DER) informs a driver that he has been selected.... there can BE NO delay except as noted in the REGS.

I feel sorry for Mikee, but he SHOULD have been aware of the regs. It is OUR responsibility to KNOW them.... IF we want to be truck drivers. The company DID (it seems) offer to pay bus fare home.... at which time Mikee could have taken his POV and a trailer back to get the stuff that he SHOULD have put in storage somewhere. The company is under NO obligation to buy him a plane ticket, or rent him a U-Haul! And, although they did NOT have to terminate him, they absolutely could NOT allow him to continue to drive the truck!

To reaffirm my previous statement..... Fredog's boss was in violation of the Regulations that afford him his Carrier authority IF he TOLD an employee that he needed to submit to a test, but gave him more than 2 hours to complete it! A carrier is expressly forbidden from doing so BY the REGS!! His boss violated the regs under which his "authority" is governed, and could LOSE his business if it became KNOWN to the DOT. Hence.... my statement about squeezing him for a raise! :wink:

Hobo