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Myth_Buster · Posted: Fri Oct 13, 2006 6:30 pm Post subject: Positive Drug Test

?I fought the law? by Green Day, I?m sure we?ve all heard it. The bad thing is it only takes once.

Situation: Driver has a positive drug test 02/2005, take your choice pre-employment, random, post-accident, etc. The positive drug test is discovered when the DOT conducts a compliance review at ABC Trucking in 09/2006 and decides to investigate:

1. Did the driver see a SAP

2. Did the driver?s employer/s after 02/2005 have the necessary background checks:

a. Verify three years of positive or refused test as required by Part ?391.23

b. Ask the driver if he/she ever failed a pre-employment drug test in the previous two years as required by Part ?40.25(j)?.

3. If the positive test was a random test did the driver list ABC Trucking?

4. If the positive test was a pre-employment drug test and the employer asked the driver if he/she ever had a positive or refused pre-employment drug or alcohol test did the driver answer the new employer?s questions honestly regarding the refused or positive pre-employment drug test?

Possible Issues:

1. New employer did not make the necessary inquires required by Part ?391.23 violating Part ?391.23 and possibly Part ?40.285 if the driver did not see a SAP as required.

2. Employer did not ask the driver if the driver had a positive or refused pre-employment drug or alcohol test as required by ?40.25(j).

3. Driver falsified the application in violation of Part ?390.35

4. Driver falsified employer?s questionnaire as required by ?40.25(j) and is in violation of Part ?390.35 and ?40.285 if the driver did not see a SAP.

5. Previous employer failed to report the positive drug test to the prospective employer as required by Part ?391.23(e).

6. Previous employer falsified the form inquiring whether or not the driver ever had a positive or refused drug test in violation of Part ?390.35.

7. If prospective employer did not obtain a negative pre-employment drug test the driver and carrier may be in violation of using a driver who tested positive or drove without a return to duty-test as required by ?40.305.

How do you think the new employer reacted when the DOT called and it was discovered the driver falsified his/her application and signed a sworn statement he/she was unemployed for the time frame the positive drug test took place?

Carriers must keep positive drug test results for five years. That?s a long time to carry that big of monkey on your back. One driver had three employer affected. Drivers make mistakes, employers take short cuts in the hiring process every one has an equal chance of losing.

Be safe.

Rev.Vassago · Joined: 04 Apr 2006 Posts: 5163 Location: Green Bay, WI

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dk132 · Joined: 08 Oct 2006 Posts: 242 Location: Canyon Lake ,Texas

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Windwalker · Joined: 22 Oct 2005 Posts: 2769 Location: Holiday, FL

Suppose there is a safety issue involved. The company sends the driver to a medical facility that is not equipped to handle a truck that size. The facility is located in an area that trucks are not permitted. And, the only way the driver has to reach the facility is with the truck.

No, I did not refuse to take the test, but I DID have a VERY LONG TALK with safety when I got back to the terminal. I also do not work for that company any longer, and that was one of the major reasons for leaving.

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