[Useless]

Originally Posted by Myth_Buster

Useless, go away you bother me.
Be safe.

The Omnipotent Myth Maker Has Spoken!!!

Sure would be nice if you knew what the F8$k You were talking about!!! :P

[Useless]

Originally Posted by lonewolf

so,someone has to ask a question before MB is allowed to post,jeez people,he's trying to help you in case you find yourself in this situation in the future,you are neither required to read it nor follow his suggestions,it seems that when MB or Dawn post,,the same people just attack and nitpick every little thing that these 2 have to say,i for one welcome all the help i can receive in understanding some of the more vague regs that we live by day in and day out.

no one driver knows everything there is to know about the regs,every bit of help we can get from the people that are paid to enforce these rules should be appreciated,not scourned and ridiculed

If Myth Maker or Dawn knew what they were talking about, I would agree with you; unfortunately, if you will look through their past threads, a seasoned driver will soon discover that they don't!!
:shock:

Now, if Myth Maker or Dawn ever want to start a forum where the art of "Cut and Paste" or "Desk Driving" is discussed, I'd be happy to nominate them to the Moderator's and Owner's of CAD!!
:P

[kc0iv]

Originally Posted by Myth_Buster

Not necessarily, if the tests was done outside the parameters of the US DOT requirements then the test cannot be reported as positive.

WRONG Nothing precludes an employer from reporting any additional information to DAC. What they can't do is replace D.O.T. requirements by using some other testing method. EX. In addition to standard D.O.T. drug testing an employer also requires hair testing. The results of BOTH of these test can be reported to DAC. D.O.T. has no control over DAC.

kc0iv

[lonewolf]

Originally Posted by Useless

If Dawn or Myth Maker knew what they were talking about, I would agree with you; unfortunately, if you will look through their past threads, a seasoned driver will soon discover that they don't!!

So seasoned drivers (which i happen to be one ) knows more than someone that works for the FMCSA?

MB,evidently some here don't appreciate your help and think they know more about the regs than you do (because they are seasoned drivers,what a joke),if i was you,i wouldn't waste my time here anymore.

you help is greatly appreciated by me and the drivers of the other 2 boards you posted this on,thank you

[lonewolf]

Originally Posted by kc0iv

WRONG Nothing precludes an employer from reporting any additional information to DAC. What they can't do is replace D.O.T. requirements by using some other testing method. EX. In addition to standard D.O.T. drug testing an employer also requires hair testing. The results of BOTH of these test can be reported to DAC. D.O.T. has no control over DAC.

kc0iv

he was not talking about dac,he was talking about reporting the test results to DOT

[Useless]

Originally Posted by lonewolf

So seasoned drivers (which i happen to be one ) knows more than someone that works for the FMCSA?

MB,evidently some here don't appreciate your help and think they know more about the regs than you do (because they are seasoned drivers,what a joke),if i was you,i wouldn't waste my time here anymore.

you help is greatly appreciated by me and the drivers of the other 2 boards you posted this on,thank you

So, you think that because he is a cut and paste bureaucrat that he necessarily knows what he's talking about??? :shock:

I'd put my money on guys like Yooper and The Rev; I may not always agree with them about everything, but both of them know more than Myth Maker!! :P

[Dawn]

Originally Posted by lonewolf

so,someone has to ask a question before MB is allowed to post,jeez people,he's trying to help you in case you find yourself in this situation in the future,you are neither required to read it nor follow his suggestions,it seems that when MB or Dawn post,,the same people just attack and nitpick every little thing that these 2 have to say,i for one welcome all the help i can receive in understanding some of the more vague regs that we live by day in and day out.

no one driver knows everything there is to know about the regs,every bit of help we can get from the people that are paid to enforce these rules should be appreciated,not scourned and ridiculed

Thanks and I am sure some how they will attack me for saying thanks :lol:

Have a great night: All truck drivers know everything so why post questions? Why is this board here, because most come looking for answers get slammed for something or get the copy & paste of the regs (duh, if they understood the book, they would not be here asking).
The regulations of the board did not state you could NOT post facts or opinions on your own. It did not STATE you can only ANSWER QUESTIONS! So if that is the board you want to run here then well let it be but you won't have to many friendly, nice loving relationship going on here!

JUST MHO :lol:

[Myth_Buster]

KC0iv

WRONG Nothing precludes an employer from reporting any additional information to DAC. What they can't do is replace D.O.T. requirements by using some other testing method. EX. In addition to standard D.O.T. drug testing an employer also requires hair testing. The results of BOTH of these test can be reported to DAC. D.O.T. has no control over DAC.

KC, there would have to be a signed release from the driver for the carrier to release the information to DAC.

§ 40.321 What is the general confidentiality rule for drug and alcohol test information?

Except as otherwise provided in this subpart, as a service agent or employer participating in the DOT drug or alcohol testing process, you are prohibited from releasing individual test results or medical information about an employee to third parties without the employee's specific written consent.

(a) A “third party” is any person or organization to whom other subparts of this regulation do not explicitly authorize or require the transmission of information in the course of the drug or alcohol testing process.

(b) “Specific written consent” means a statement signed by the employee that he or she agrees to the release of a particular piece of information to a particular, explicitly identified, person or organization at a particular time. “Blanket releases,” in which an employee agrees to a release of a category of information (e.g., all test results) or to release information to a category of parties (e.g., other employers who are members of a C/TPA, companies to which the employee may apply for employment), are prohibited under this part.

I haven't seen an employer release statement for DAC; however, if the form did not include a specfic section for releasing information on non-DOT tests then an employee would have a civil case under the Fair Credit Reporting Act.

An employer could not release drug test information to DAC services without the employee's written consent. The DOT controls the employer's obligation to safe guard the tests results and not release the data without the written consent of the employee.

Useless, I deal with know it all drivers on a frequent basis. The first words out of their mouth are usally; "Well I didn't know that." "When did the rule change?" or "I've been doing it this way for 20 years and no one has ever said anything before.".

I picture you being one such driver. :twisted:

Despite you and a few others I'll keep pinging away as I know there are some who appreciate the info. :wink:

Be safe.

[Myth_Buster]

For those who thought the original post was too long here is the condensed version.

1. The US DOT only requires the following drug or alcohol tests:

Subpart C—Tests Required

§ 382.301 Pre-employment testing.
§ 382.303 Post-accident testing.
§ 382.305 Random testing.
§ 382.307 Reasonable suspicion testing.
§ 382.309 Return-to-duty testing.
§ 382.311 Follow-up testing.

For Post-Accident the following conditions require a US DOT drug & alcohol tests:

1. Fatality
2. Tow-away accident if the driver is cited for a moving violation
3. Injury accident if the driver is cited for a moving violation

Any drug or alcohol test requested beyond what the DOT requires must be published in the company’s D & A policy with an explanation of when the tests will be performed and the consequences for testing positive.

Employers can ONLY report positive or refused US DOT REQUIRED D & A tests to subsequent employers.

IOW if a driver has a fender bender with no injuries or tow-away and the carrier ask a driver to take a D & A test, even if the test came back positive and the driver was terminated the employer CAN NOT report the positive test to subsequent employers because the D & A tests was not required by the US DOT. Therefore the employer cannot release the tests results to subsequent employers.

Similarly the carrier cannot use a federal form to collect a non-DOT drug tests.

I don’t believe people who use drugs belong on the road. However, that doesn’t give the employer the right to abuse the employee’s civil rights. Tests the drivers as required, make the system work and don’t abuse the system.

Be safe.

[Useless]

Originally Posted by Myth_Buster

Useless, I deal with know it all drivers on a frequent basis. The first words out of their mouth are usally; "Well I didn't know that." "When did the rule change?" or "I've been doing it this way for 20 years and no one has ever said anything before.".

I picture you being one such driver. :twisted:

Myth Maker, I really don't give a rat's ass how you picture me; I wouldn't be where I am today if I had listened to people like you. :roll:

I still get a laugh when I think about how you listed your so-called "qualifications"; ...."been around trucks"........ rode in a logging truck with my uncle when I was 13y/o!!!! DAYUMM!!! That was funny!!!

Despite you and a few others I'll keep pinging away as I know there are some who appreciate the info. :wink:

Oh....take back what I said......you do serve a very useful purpose here!!!!....you just reminded me of something very important...... My can of Bulls&$t Repellent is almost empty.....been using quite a bit of it since you, Dawn, and Radio Ray suddenly decided to grace us with your presence, and turn this into "The Myth Maker and Dawn Forum"!!......Thanks for reminding me!!!!! :P

Oh, Yes!!! And your cut and paste skill are quite excellent, too!! :P :P

Be safe.

I'm constantly perplexed when I look at the times of day that you post; let's see, your last one was at 2:24 a.m. Now, those are not the hours a bureaucrat works.

Leads me to believe that you are either the security guard, or else you are a Custodial Consultant who learned to cut and paste!!!