[kc0iv]

golfhobo,

Did you notice the part?

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.

kc0iv

[golfhobo]

Originally Posted by kc0iv

golfhobo,

Did you notice the part?

kc0iv

Yes, I DID. Did you notice it was past tense? And did you notice the reference to the CURRENT policy?

I believe if you look at the whole discussion that Fasttruck quoted, you'll get the understanding that this WAS the policy of some employers, has been CHANGED to a new policy, and that the MRO can no longer notify employers of a failed test until AFTER it has been VERIFIED (which includes talking to the employee FIRST) because it was found to stigmatize employees when they may have had a good reason.

In investigating the concerns of BOTH employers and employees, they found that this stand-down HAD in fact, been done once by the DOT (quite some time ago, IIRC,) to some of its OWN employees. And that they had done so for precisely the reason that they discussed as the rationale for the OLD policy. However, they've determined that such rationale UNDERCUTS the purpose of the verification process, AND has no measured effect on safety.

[this is all based on analysis of the portion that Fasttruck posted. I'm SURE you'll investigate further, and if you find I am wrong, please let me know.]

And, if you look at 40.327, you'll notice that the MRO can report the info, without consent, AFTER the verification process.

40.129/131/133 ALL indicate the steps an MRO MUST take (including notifying the employee first) before verifying a positive test and informing the DER of it.

[kc0iv]

Originally Posted by golfhobo

Yes, I DID. Did you notice it was past tense? And did you notice the reference to the CURRENT policy?

I believe if you look at the whole discussion that Fasttruck quoted, you'll get the understanding that this WAS the policy of some employers, has been CHANGED to a new policy, and that the MRO can no longer notify employers of a failed test until AFTER it has been VERIFIED (which includes talking to the employee FIRST) because it was found to stigmatize employees when they may have had a good reason.

In investigating the concerns of BOTH employers and employees, they found that this stand-down HAD in fact, been done once by the DOT (quite some time ago, IIRC,) to some of its OWN employees. And that they had done so for precisely the reason that they discussed as the rationale for the OLD policy. However, they've determined that such rationale UNDERCUTS the purpose of the verification process, AND has no measured effect on safety.

[this is all based on analysis of the portion that Fasttruck posted. I'm SURE you'll investigate further, and if you find I am wrong, please let me know.]

And, if you look at 40.327, you'll notice that the MRO can report the info, without consent, AFTER the verification process.

40.129/131/133 ALL indicate the steps an MRO MUST take (including notifying the employee first) before verifying a positive test and informing the DER of it.

if you look at § 40.7 you will see there are exemption (to the current policy) that can be applied to the D and A testing rules. This very will be how the FAA was able to Stand-Down these employees.

As I said before there are pages of rules that apply to the whole D and A testing process. Having read these many times I think I have read all I want to read on this subject. Since none of these affect me any longer I'll leave it to others to do the research.

The one thing that drivers should know for the most part employees are at will employees and as such the employer can terminate the employee for any reason.

kc0iv

[unkut2003]

I've been on Fioricet w/ Codeine for a couple years now. Never really looked into if it was "D.O.T." approved becasue personally, when I take it I can function normally, but not safely..... and I know this, therefore I don't mess with it during work hours! Now when I get home..... that migraine thats put me damn near to my knees all day gets a killer dose and is gone in minutes!!!