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madpuppy · Joined: 28 Mar 2007 Posts: 136 Location: Ca.

I had a pos. on a random, I resigned rather than being terminated. As I resigned DOT was`nt notified, I went through a drug program and have a certificate of completion and I still test regularly. Is this going to hamper my getting a new job? or will I be F-ed with for the next 3 years too? I have over 2 million accident ticket driving in 23 years, and I screwed up , so if anyone has the answer I would like to here it ! But if You just want to make smart remarks, Please keep them to your self ! I already feel bad enough :sad: :sad:

Jumbo · Joined: 27 Aug 2006 Posts: 845 Location: Northern Wisconsin

I think maybe, but ask sheepdancer or twilight flyer they may know for sure. keep your head up.

Fredog · Joined: 23 Apr 2005 Posts: 2271 Location: North Georgia

madpuppy wrote: I had a pos. on a random, I resigned rather than being terminated. As I resigned DOT was`nt notified, I went through a drug program and have a certificate of completion and I still test regularly. Is this going to hamper my getting a new job? or will I be F-ed with for the next 3 years too? I have over 2 million accident ticket driving in 23 years, and I screwed up , so if anyone has the answer I would like to here it ! But if You just want to make smart remarks, Please keep them to your self ! I already feel bad enough :sad: :sad:

go to http://www.olblueusa.org/askthelaw I'm sure they can tell you more than a bunch of truck drivers can. just scroll down to ask the law and email them your question

Uturn2001 · Posted: Sat Apr 14, 2007 2:57 pm Post subject:

It does not matter if you quit or were fired. You had a positive drug test and by law that employer is required to report that to all companies you apply to for at least 3 years.

madpuppy · Joined: 28 Mar 2007 Posts: 136 Location: Ca.

Thank you folks, I wrote ol` Blue

Fredog · Joined: 23 Apr 2005 Posts: 2271 Location: North Georgia

Uturn2001 wrote: It does not matter if you quit or were fired. You had a positive drug test and by law that employer is required to report that to all companies you apply to for at least 3 years.

he said he resigned INSTEAD of taking the test and failing it, so he didnt have a positive test.

Fredog · Joined: 23 Apr 2005 Posts: 2271 Location: North Georgia

madpuppy wrote: Thank you folks, I wrote ol` Blue

Please let us know what he says about it.

Malaki86 · Joined: 28 Aug 2004 Posts: 2081 Location: West Virginia

Fredog wrote: Uturn2001 wrote: It does not matter if you quit or were fired. You had a positive drug test and by law that employer is required to report that to all companies you apply to for at least 3 years.

he said he resigned INSTEAD of taking the test and failing it, so he didnt have a positive test.

No - he said he had a positive drug test - instead of them firing him, he resigned.

Fredog · Joined: 23 Apr 2005 Posts: 2271 Location: North Georgia

Malaki86 wrote: Fredog wrote: Uturn2001 wrote: It does not matter if you quit or were fired. You had a positive drug test and by law that employer is required to report that to all companies you apply to for at least 3 years.

he said he resigned INSTEAD of taking the test and failing it, so he didnt have a positive test.

No - he said he had a positive drug test - instead of them firing him, he resigned.

I read it wrong, I would think he is probably screwed if he had a positive, but maybe not since he completed rehab, hopefully he will keep us posted

madpuppy · Joined: 28 Mar 2007 Posts: 136 Location: Ca.

:oops: Thank You all ! A bit more of my situation- I found out my wife is terminally ill,so I didnt look for a job for about seven months,when I did return to the work force, I found a Great job! Exactly what I wanted, I was in Heaven. Well I passed all the tests, orientation the whole shot. I drove for a month and a half, as I started out on a run, my boss called me into the office, and that is when my world turned upside down. She told me she had just received the report of the Positive test,and asked me if I had a certificate of completion of a sap?. NO, I do not I was not told I had to attend a program. My previous employer, nor my union told me this had to be done!. I told her I would have gone had I known, I`ve been off work 7 months !. Well she told me I could`nt drive until I completed the program!. She asked me to voluntarily quit, so she could re-hire me. Now I have the certificate,and I test twice a week, My boss ( I :sad: want to believe )tells me she wants me back ,but they don`t have any openings right now ! So that is what I am trying to find out, is she just giving me a run-around, or is it a law about the 3 year deal? It is not on my M.V.R. my licence is valid, and I know the previous employer tells the next about positive drug test. I am just trying to find out just how screwed I am ?

Useless · Joined: 08 Oct 2005 Posts: 3176 Location: Canyon Lake, Tx.

Fredog wrote: he said he resigned INSTEAD of taking the test and failing it, so he didnt have a positive test.

No, he stated that he FAILED a random, THEN resigned. After all is said and done, it's 6 of one dozen, or a half dozen of the other; makes NO difference!!

kc0iv · Joined: 03 Feb 2005 Posts: 1113 Location: Kansas City, MO

madpuppy wrote: :oops: Thank You all ! A bit more of my situation- I found out my wife is terminally ill,so I didnt look for a job for about seven months,when I did return to the work force, I found a Great job! Exactly what I wanted, I was in Heaven. Well I passed all the tests, orientation the whole shot. I drove for a month and a half, as I started out on a run, my boss called me into the office, and that is when my world turned upside down. She told me she had just received the report of the Positive test,and asked me if I had a certificate of completion of a sap?. NO, I do not I was not told I had to attend a program. My previous employer, nor my union told me this had to be done!. I told her I would have gone had I known, I`ve been off work 7 months !. Well she told me I could`nt drive until I completed the program!. She asked me to voluntarily quit, so she could re-hire me. Now I have the certificate,and I test twice a week, My boss ( I :sad: want to believe )tells me she wants me back ,but they don`t have any openings right now ! So that is what I am trying to find out, is she just giving me a run-around, or is it a law about the 3 year deal? It is not on my M.V.R. my licence is valid, and I know the previous employer tells the next about positive drug test. I am just trying to find out just how screwed I am ?

Let me say sorry for your wife.

While the rules require a driver to be removed from driving until he/she has completed an approved SAP program most companies simple terminate the employee. While the company is required to provide the employee with information about the SAP program however most don't.

As to your question Quote: So that is what I am trying to find out, is she just giving me a run-around, or is it a law about the 3 year deal?

The rules only require the driver to complete the SAP program and follow the SAP testing for the proscribed time as set ty the SAP. D.O.T. requires a minimum of 12 months with a minimum of 6 test but the SAP can extent the period up to 5 years and set the required number of test as long as he/she meets the D.O.T. minimum. I might add these follow up test are in addition to any regular random testing program.

See http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?rule_toc=751&section=382.605&section_toc=1307&guidence=Y for additional information on the SAP program.

A positive test does create BIG problems and most major truck lines just won't take the chance. Some smaller companies will work with a driver.

kc0iv

Uturn2001 · Posted: Mon Apr 16, 2007 4:20 pm Post subject:

Past employers are required to report positive drug tests to all companies that you apply at as part of the background/reference checks.

Drivers who test positive must complete a SAP program before being allowed to return to work, be it with that company or another.

Does that answer your question?

Mars · Posted: Tue Apr 17, 2007 8:52 am Post subject:

Sorry to hear about all of your woes in life. But I do not understand why people do narcotics when their job is on the line, I do not even eat anything with poppy seeds for fear of a positive test.

jiptwoo · Joined: 29 Aug 2005 Posts: 134

If he was informed to take a drug test and resigned and did not take the test according to dot law; He Failed the drug test plain and simple. Once you are notified to test there is no getting out of it, as per dot regs. You test and either pass or fail, you don't test ,then you fail. It gets written down as a positive result, no if's and's or but's about it. Now as for completing a drug program, well and good, but the insurance companies will not insure you, failed drug test is the top of the line; no no. I am about sure that it is 2 years not 3 years that employers must report it to perspective employers after 2 years mum is the word.
good luck, find a co. that does not use dac.

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