Drug testing policies!!!!!!

[stonier5]

Back in january i had a minor accident and had to take a drug test for my company, and it came up positive. I was fired from the job, and paid for the S.A.P. and counselling on my own. The counsellor even told me i could get a job again he just didn't say with what company. Now I've been looking for a job for about 3 months and have been up front with most of the co. I've applied to or talked with and told them my cituation and i always got the same response( sorry we can't hire you at this time). If you look at almost all applications it says,( Have you ever tested positive or refused to take a pre-employment drug test.) I've always answered no cause it wasn't pre-employment. Am i in the wrong for answering this way or no. Then recently i was hired by this smaller outfit and they have yet to ask or mention anything about my DAC record so i wonder if they even check my DAC. Also my counselor said i should me upfront and honest with co. about my positive test and give them my S.A.P. letter stating how many times i should be tested through out the year. If i do not report this to the company that hired me will it harm me more in the long run?

Thanks to anyone who can answer this for me i'm driving myself batty tring to figure this out.

[dle]

Have you ever tested positive or refused to take a pre-employment drug test

If you have tested positive you say yes. If you refused to take a pre-employment drug test you say yes. Seems to me that you should have said yes.

I'm assuming your new employer gave you your pre-employement screen like they are supposed to.

Should you tell them about being sap etc etc - thats up to you and legal advise.

[stonier5]

maybe i'm misreading it but i assume that it is talking about a pre-employment test and i have never failed a pre-employment test. Yet i've passed them for 8 years with previuos employer, till my incident and its not like i smoked anything. me and my wife went to a card party on new years eve and someone put some stuff in the food that was being served and didn't worn anyone. so now I'm pretty much screwed huh.

[kc0iv]

maybe i'm misreading it but i assume that it is talking about a pre-employment test and i have never failed a pre-employment test. Yet i've passed them for 8 years with previuos employer, till my incident and its not like i smoked anything. me and my wife went to a card party on new years eve and someone put some stuff in the food that was being served and didn't worn anyone. so now I'm pretty much screwed huh.

It really doesn't matter if the company uses D.A.C. or not. They will find the information when they do a background check.

Second point you have to give the new employer the information about your required drug testing program.

kc0iv

[Twilight Flyer]

me and my wife went to a card party on new years eve and someone put some stuff in the food that was being served and didn't worn anyone

Do you know why people will never believe that excuse? Because everybody uses it. No joke. A large majority of postive drug testers will give that excuse.

Seriously, consider the ramifications of such an act. I know that if I had a friend that put illegal drugs in food they served me, they would be serving jail time, period. Your case begs the question...why didn't you pursue it? Why didn't you file charges?

[stonier5]

thanks for your sugestions and answers I have started at the new company yestreday. I have filled out all my pre-employment paperwork yesterday before I did my first run. I assume they haven't done the background check yet do I give them drug testing paper work now or do I wait till they ask for it? My substance about conciler says wait till this ask? I

[Skywalker]

me and my wife went to a card party on new years eve and someone put some stuff in the food that was being served and didn't worn anyone

Uh-huh, yeah...right.

]Do you know why people will never believe that excuse? Because everybody uses it. No joke. A large majority of postive drug testers will give that excuse.

Dats right!

]Seriously, consider the ramifications of such an act. I know that if I had a friend that put illegal drugs in food they served me, they would be serving jail time, period. Your case begs the question...why didn't you pursue it? Why didn't you file charges?

Very good questions. I know beyond a shadow of a doubt that if someone did that to me....there would be extremely "dire" consequences in store for that or those people. Civil suit for a significant dollar amount to make up for my lost income due to some childish bovine feces stunt would be a good start.

Me thinks you, stonier5 be a "troll". Please furnish an address where we can send your free t-shirt with this on the front and back:

:withstupid:

[stonier5]

ok next question does a pre-employment drug test count for a return to duty test? oh ya and at first i thought this was a good place for truckers to come and ask questions, but i guess some people(sky walker) like to ridicule others. nobody is perfect in this world, and with answers like that, calling me a troll thats when road rage sets in. so learn to be kind to others and maybe we"ll be kind to u.

[kc0iv]

ok next question does a pre-employment drug test count for a return to duty test? oh ya and at first i thought this was a good place for truckers to come and ask questions, but i guess some people(sky walker) like to ridicule others. nobody is perfect in this world, and with answers like that, calling me a troll thats when road rage sets in. so learn to be kind to others and maybe we"ll be kind to u.

Any drug test required by your S.A.P. program is separate from regular drug testing.

kc0iv

[Rev.Vassago]

me and my wife went to a card party on new years eve and someone put some stuff in the food that was being served and didn't worn anyone

Do you know why people will never believe that excuse? Because everybody uses it. No joke. A large majority of postive drug testers will give that excuse.

I remember someone on this very board about a year and a half ago or so using that very excuse. A short time later he began posting pro-pot legalization garbage.

[Rev.Vassago]

Found it.

http://www.classadrivers.com/phpBB2/...er=asc&start=0

I see he only managed to get 9 people to sign his "petition", and of those, 4 of them signed as "anonymous".

[Twilight Flyer]

oh ya and at first i thought this was a good place for truckers to come and ask questions,

It's a great place to ask questions. Just don't expect people to sugar-coat their responses, especially when your talking about a failed drug test. Drug use will raise the ire of good drivers everywhere, faster than anything else.

but i guess some people(sky walker) like to ridicule others.

I don't see any ridicule. I see someone telling it like it is. Driver's feelings toward drugs are pretty sharp and rightfully so.

nobody is perfect in this world, and with answers like that, calling me a troll thats when road rage sets in.

Perhaps being behind the wheel of an 80,000 pound vehicle then is not for you. I'd hate to see a family of 5 wiped out because you have an issue with road rage.

so learn to be kind to others and maybe we"ll be kind to u.

You failed a drug test. Don't expect kindness...expect righteous anger and indignation. You'll get that in spades no matter where you go.

You still haven't answered the questions put to you...if your friend did indeed spike your food with illegal drugs, why didn't you pursue it? File charges? Clear your name?

You understand now why people are extremely skeptical of your story. We've all heard it far too many times.

[dle]

stonier5

if you don't like the responses you read on this forum - there are others out there.

If you want responses to be the answers that you want - start your own forum.

If you want responses from people that will shoot straight from hip - this is the forum. Yes, there are members that will be abrasive - usually because the subject is a very close-to-the-heart one ---- like drugs and alcohol abuse.

[jiptwoo]

The small co. that hired you probably does not subscribe to dac otherwise they would know about that drug test before they hired you. AS for the drug test results showing up on a background check, I doubt that, background is about criminal activities, not drug test results. On a dac there is a drug and alcohol section and a background section, it does list actions at your previous employers, but if they hired you it is simple; they don't use dac(usis) services. Should you volunteer your test information, well lets say that insurance and trucking co.'s don't care one hoot about the sap program, and the insurance co.'s will not insure you therefore no job. All this means it is your choice whether or not to volunteer the info. I will say I learned never to tell on myself, FFE sent me home from their o/o program because I told the truth. Question was to list prescribed drugs I had been on in the previous year, I had herniated a disc,(s1), so I wrote morphine even thou I had not taken it in 6 mos.; well I was on the next greyhound home, and my little heart was broke. So my friend the choice is yours, but you are already working and in a recession that is a good thing.
The best to you, Jip.

[stonier5]

well for all who care i did find a job with a local company here in michigan. they did find out about the positive drug test and seeing how i did the DOT standards and went through an S.A.P. and had my paperwork they said they would work with me. I think the company works with everyone there, i've heard that some people hae to many points on there record , but are still working there. So for all that are in my position keep looking there's bound to be some company out there that is generous enough to give you that second chance, just don't screw yourself a second time. Also i've learned not to take things for granted anymore, i've learned my lesson. I need to be able to provide for my family first and foremost and maybe someday i can become a super trucker like everyone on this forum.

[kc0iv]

well for all who care i did find a job with a local company here in michigan. they did find out about the positive drug test and seeing how i did the DOT standards and went through an S.A.P. and had my paperwork they said they would work with me. I think the company works with everyone there, i've heard that some people hae to many points on there record , but are still working there. So for all that are in my position keep looking there's bound to be some company out there that is generous enough to give you that second chance, just don't screw yourself a second time. Also i've learned not to take things for granted anymore, i've learned my lesson. I need to be able to provide for my family first and foremost and maybe someday i can become a super trucker like everyone on this forum.

Glad it worked out for you.

I wouldn't worry about being a "super trucker." Just do the BEST job you can.

kc0iv

[Skywalker]

ok next question does a pre-employment drug test count for a return to duty test?

No it does not.

oh ya and at first i thought this was a good place for truckers to come and ask questions, but i guess some people(sky walker) like to ridicule others.

It is a very good place to ask questions, and with fair questions...you will get answers. I don't take any particular delight in "ridiculing" anyone. If you read any of my other posts....you would know that is not my style at all.
But you post a goofy excuse....for what happened....and thats what you get.

Now, on the other hand...granting you that what you said happened did in fact happen.... my first suggestion is that you immediately find a new set of friends.

nobody is perfect in this world, and with answers like that, calling me a troll thats when road rage sets in. so learn to be kind to others and maybe we"ll be kind to u.

Yes, I know "no-one" is perfect....but when you come across as a troll, I just call em' like I see them. Hmmmm, "road rage"....is that anything like "internet flaming"?..... When I need your advice on how to act or respond, I'll ask for it, thank you.

[Myth_Buster]

Back in january i had a minor accident and had to take a drug test for my company, and it came up positive. I was fired from the job, and paid for the S.A.P. and counselling on my own. The counsellor even told me i could get a job again he just didn't say with what company. Now I've been looking for a job for about 3 months and have been up front with most of the co. I've applied to or talked with and told them my cituation and i always got the same response( sorry we can't hire you at this time). If you look at almost all applications it says,( Have you ever tested positive or refused to take a pre-employment drug test.) I've always answered no cause it wasn't pre-employment. Am i in the wrong for answering this way or no. Then recently i was hired by this smaller outfit and they have yet to ask or mention anything about my DAC record so i wonder if they even check my DAC. Also my counselor said i should me upfront and honest with co. about my positive test and give them my S.A.P. letter stating how many times i should be tested through out the year. If i do not report this to the company that hired me will it harm me more in the long run?

If the accident did not meet the defition of an accident per 49 CFR Part 390.5 and there was a fatality or the driver cited for a moving violation then any post accident D & A tests would have had to been collected using non-federal forms and the carrier would not have been authorized to release the information to subsequent employers as authorized by 49 CFR Part 40.25 or 391.23.

§390.5 Definitions.

Unless specifically defined elsewhere, in this subchapter:

Accident means—

(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:

(i) A fatality;

(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle.

(2) The term accident does not include:

(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or

(ii) An occurrence involving only the loading or unloading of cargo.

Look at your chain of custody control form, if it indicates it is a Federal Form and the accident does not meet the above you may file a complaint with the FMCSA at 888-DOT-SAFT or by visiting http://nccdb.fmcsa.dot.gov/sv_disclaimer.asp.

Be safe.

[BluHeeler]

Story is in the online edition of the Portland Oregonian. Calling for a nation wide data base of drug tests. DAC isn't really as all inclusive as you might think. I've done many drug tests, never failed or refused, but DAC has no record of me, I've went through the process to get a copy and they say, nothing found.

http://www.oregonlive.com/politics/o...140.xml&coll=7

[felix5oh]

DAC will hold failed or adulterd tests for 10 years.

I dont know about truck abandonment though of being fired for any other reason. I should get a copy of mine.

Most independant companies dont use DAC but most big ones do.