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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 " . |
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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. |
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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 |
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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.
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kc0iv |
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] |
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. |
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: Quote:
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: Quote:
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 |
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