[BIG JEEP on 44's]

Originally Posted by SteveBooth

Ya, don't try that, I did and ended up going to the emergency room cause my wiener turned orange.

i hope you weren't eating sticky cheetos :wink: ....I think they make a GENERIC version of Wellbutrin marketed under the name "LIFE -B-GOOD" and "POUT -NO-MORE " .

[fasttruck]

Originally Posted by USXOperationsCSR

Welbutrin wouldn't be a problem. Xanax will be though for most major carriers insurance companies. I would suggest possibly looking for an alternative medication like Cymbalta, which is an easily approved low dose med.

Is Xanax one of the drugs tested for in the NIDA 5 test? If you were to come up positive taking Xanax wouldn't the MRO be in contact with you to verify you have a valid RX for the drug and then once this is confirmed wouldn't you be cleared? Would the MRO notify the employer of what your tests results indicated, or only if you passed or failed?

I am not telling you what to do or giving you any advice, but your medical records are private, whatever you disclose to your prospective employer is more or less voluntary. This said you must understand that taking Benzodiazepine's will slow down your CNS and make if dangerous to operate any motor vehicles while under the influence.

I am looking for clarification here. Let us know what you find out as I plan to have dental work next Friday and will need some narcotic pain relievers. My fear is coming back to work Monday and getting a random test after taking the Rx all weekend. It was explained that since I will have a valid Rx if I tell the clinic on my paperwork I do have an Rx I would be ok.

[kc0iv]

Originally Posted by fasttruck

Is Xanax one of the drugs tested for in the NIDA 5 test? If you were to come up positive taking Xanax wouldn't the MRO be in contact with you to verify you have a valid RX for the drug and then once this is confirmed wouldn't you be cleared? Would the MRO notify the employer of what your tests results indicated, or only if you passed or failed?

I am not telling you what to do or giving you any advice, but your medical records are private, whatever you disclose to your prospective employer is more or less voluntary. This said you must understand that taking Benzodiazepine's will slow down your CNS and make if dangerous to operate any motor vehicles while under the influence.

I am looking for clarification here. Let us know what you find out as I plan to have dental work next Friday and will need some narcotic pain relievers. My fear is coming back to work Monday and getting a random test after taking the Rx all weekend. It was explained that since I will have a valid Rx if I tell the clinic on my paperwork I do have an Rx I would be ok.

Xanax is not one of the NIDA 5 group. However, many companies test additional drugs which is called Expanded Tests Drug testing which does include Xanax. Which is company can do. If a company will accept an employee who fails an ETD is up to the company.

As to if an employee who has a valid RX it is still up to the company. Even if the MRO approves the drug use a company can still reject the employee.

One other point about MROs you have to contact them they don't call you. The employer should advise employee he/she has failed a drug test and give him/her a contact number of the MRO. If I remember correctly the employee has 72 hours to make that call.

kc0iv

[trux]

Originally Posted by SteveBooth

Ya, don't try that, I did and ended up going to the emergency room cause my wiener turned orange.

Thanks, the voice of experience is always appreciated. :lol:

[fasttruck]

Originally Posted by kc0iv

Xanax is not one of the NIDA 5 group. However, many companies test additional drugs which is called Expanded Tests Drug testing which does include Xanax. Which is company can do. If a company will accept an employee who fails an ETD is up to the company.

As to if an employee who has a valid RX it is still up to the company. Even if the MRO approves the drug use a company can still reject the employee.

One other point about MROs you have to contact them they don't call you. The employer should advise employee he/she has failed a drug test and give him/her a contact number of the MRO. If I remember correctly the employee has 72 hours to make that call.

kc0iv

I remember a fellow new hire and friend and I were in orientation where he did end up testing positive for morphine in his DS. I do remember the only thing the company would tell him was they still haven't heard back the lab yet. Now you are saying the company is told about your failure before the patient does? This confuses me. I guess this company did things bass ackwards. Now this level of morphine was very low and the company never knew anything about this as it was a legal Rx. Last I heard though your right to privacy still stands unless you give your right to someone to specifically review your records. This is why you must give those signed consents to get your D and A results from other companies when looking for new work.

[mx302dad]

I don't think the company can be told the results of the drug test, only that it was good or there was a problem with it. Only the MRO can discuss the problem and only with you.

[kc0iv]

Originally Posted by fasttruck

I remember a fellow new hire and friend and I were in orientation where he did end up testing positive for morphine in his DS. I do remember the only thing the company would tell him was they still haven't heard back the lab yet. Now you are saying the company is told about your failure before the patient does? This confuses me. I guess this company did things bass ackwards. Now this level of morphine was very low and the company never knew anything about this as it was a legal Rx. Last I heard though your right to privacy still stands unless you give your right to someone to specifically review your records. This is why you must give those signed consents to get your D and A results from other companies when looking for new work.

From the website: http://www.dot.gov/ost/dapc/question...Stmnt_0706.pdf

QUESTION:

Are employers and their service agents in the Department of Transportation (DOT) drug and alcohol testing program required to obtain employee written authorizations in order to disclose drug and alcohol testing information?

ANSWER:

• In the DOT drug and alcohol testing program, employers and service agents are not required to obtain written employee authorization to disclose drug and alcohol testing information where disclosing the information is required by 49 CFR Part 40 and other DOT Agency & U.S. Coast Guard (USCG) drug and alcohol testing regulations. 49 CFR Part 40 and DOT Agency & USCG regulations provide for confidentiality of individual test-related information in a variety of other circumstances.

• Even if drug and alcohol testing information is viewed as protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules, it is not necessary to obtain employee written authorization where DOT requires the use or disclosure of otherwise protected health information under 49 CFR Part 40 or the other DOT Agency & USCG drug and alcohol testing regulations.

• Unless otherwise stipulated by 49 CFR Part 40 or DOT Agency & USCG regulations, use or disclosure of the DOT drug and alcohol testing information without a consent or authorization from the employee is required by the Omnibus Transportation Employees Testing Act of 1991, 49 CFR Part 40, and DOT Agency & USCG drug and alcohol testing regulations.

• Consequently, an employer or service agent in the DOT program may disclose the information without the written authorization from the employee under many circumstances. For example:

-- Employers need no written authorizations from employees to conduct DOT tests.

-- Collectors need no written authorizations from employees to perform DOT urine collections, to distribute Federal Drug Testing Custody and Control Forms, or to send specimens to laboratories.

-- Screening Test Technicians and Breath Alcohol Technicians need no written authorizations from employees to perform DOT saliva or breath alcohol tests (as appropriate), or to report alcohol test results to employers.

-- Laboratories need no written authorizations from employees to perform DOT drug and validity testing, or to report test results to Medical Review Officers (MROs).

-- MROs need no written authorizations from employees to verify drug test results, to discuss alternative medical explanations with prescribing physicians and issuing pharmacists, to report results to employers, to confer with Substance Abuse Professionals (SAPs) and evaluating physicians, or to report other medical information (see §40.327).

-- SAPs need no written authorizations from employees to conduct SAP evaluations, to confer with employers, to confer with MROs, to confer with appropriate education and treatment providers, or to provide SAP reports to employers.

-- Consortia/Third Party Administrators need no written authorizations from employees to bill employers for service agent functions that they perform for employers or contract on behalf of employers.

-- Evaluating physicians need no written authorizations from employees to report evaluation information and results to MROs or to employers, as appropriate.

-- Employers and service agents need no written authorizations from employees to release information to requesting Federal, state, or local safety agencies with regulatory authority over them or employees

As you can see they are exempt from HIPAA rules.

kc0iv

[fasttruck]

I got that but this is where I am confused according to DOT 49 CFR Part 40 Part 1 of 3 it states:

Stand-Down
Stand-down refers to an employer practice of temporarily removing an employee from performance of safety-sensitive duties upon learning that the individual had a confirmed laboratory positive drug test, but before the MRO has completed the verification process. The existing regulation prohibits stand-down. MROs are not permitted to inform employers about the existence of a confirmed laboratory positive test pending verification, and employers are not allowed to take any action concerning an employee until they receive the MRO’s notification of a verified positive test.
The preamble to the NPRM noted the reasons for the current policy: stand-down undercuts the rationale for MRO review, can compromise the confidentiality of test results, and may result in unfair stigmatization of an employee as a drug user. While the rationale for stand-down is that it enhances safety, the Department has no evidence that the current policy has compromised safety. For example, we are not aware of any case in which an employee has had a drug-related accident while verification of a confirmed positive drug test was pending.
The preamble also noted that some employers advocated the use of stand-down as a measure to enhance safety and reduce liability. They wanted to use this approach to eliminate, as far as possible, any risk that someone who had tested positive would be involved in an accident before the MRO could complete the verification process. We noted that, essentially for this reason, the Department’s own internal drug testing program stood down some employees (e.g., air traffic controllers) in some circumstances following a report of a confirmed positive laboratory test.

This makes a lot of sense because why would it be ok to tell your company that you tested positive for an illegal controlled substance when you may well have a legal reason to have said substance in your system. It really doesn't matter, I think we are saying the exact same thing but from different viewpoints. No one should be allowed to drive under the influence. No one should also get their employers attention by mis classification due to a positive test that was also legal in all ways either. Are you a recruiter, or someone in the operations side of logistics because you have a lot of knowledge. I am really concerned about this dental work I am going to be getting soon.[/b]

[golfhobo]

Fasttruck: Nothing in the regs cited in KC0iv's last post actually indicates that the MRO can tell your employer that you failed a test UNTIL after he has "verified" it by discussing it with YOU first. IF you have a reason, he then has to verify that with the doctor. If you DON'T, then he "verifies" the positive test and informs your employer. (without your written consent.)

The prohibition against a "stand down" is part of why the MRO does NOT inform the employer that you FAILED a test, just that there is a problem with it that he needs to discuss with you. They may INFER what they want from this, but cannot take any action until it is verified.

As for YOUR case, the dental work.... I'd discuss it with your safety dept beforehand, and perhaps get clear on what types of pain relievers the dentist should prescribe for you. Best to have it all on the record.

[kc0iv]

fasttruck,

The website I quoted was in response to your statement "
Last I heard though your right to privacy still stands unless you give your right to someone to specifically review your records." I guess I should of stripped just that portion out. This information would be pertain to an existing employer/employee relationship.

Looking directly at MROs notice it says:

-- MROs need no written authorizations from employees to verify drug test results, to discuss alternative medical explanations with prescribing physicians and issuing pharmacists, to report results to employers, to confer with Substance Abuse Professionals (SAPs) and evaluating physicians, or to report other medical information (see §40.327).

If you think about it -- if an employee could refuse to allow the MRO from releasing this information then the employee could control a bad results from getting back to the employer which would defeat the purpose of D and A testing program. An employee would simply refuse to release ALL information be it good or bad.

The same thing goes for each of the steps along the way.

Your statement "This is why you must give those signed consents to get your D and A results from other companies when looking for new work. " Would indeed be correct. However, that future employer can not employ you in a safety sensitivity position without having the results of your D and A.

You could refuse to allow the results of D and A test to a company if it was not a safety sensitivity position. Be it with the same company or another company. How that company would react would be up to that company's policy.


In respect to the "Stand-Down."

There are hoops to be passed through where it comes to Stand-Down. There is about 5 pages of instructions on how to handle a Stand-Down and when a MRO can contact the employer.

Notice in their own statement:

We noted that, essentially for this reason, the Department’s own internal drug testing program stood down some employees (e.g., air traffic controllers) in some circumstances following a report of a confirmed positive laboratory test.

A couple of questions come to mind.

(1) How did the FAA know to Stand-Down the air traffic controllers if they hadn't received this information before the MRO's report was completed?
(2) Where did they get this information?


You ask if I was a am you a recruiter, or someone in the operations side of logistics? The simply answer is NO. I am a retired truck driver. However, I spend a great deal of time reading the rules and regulations where it involved drug testing. With a great deal of phone calls to the D.O.T. about the subject. I happen to have failed a drug test (shy bladder).

I would agree with golfhobo about contacting your safety department.

kc0iv