Failed pre-employment drug screen
 

OK. here's the deal. i am having an argument with another guy on classadrivers about this subject.

if you fail a pre-employment drug test, it will not go on you dac report because you are not employed by that company, hence pre-employment. he says that it will be on the dac report. i say it will not be on the dac report.

which is true?

I think it will be. One of the most prominent questions on any application is "have you ever failed a pre-employment drug screen?" I am pretty sure they report if you have.

Why wouldnt it? Although you are not techincally employed during the orientation, you are taking a federally mandated drug screen that they are paying for. They are offering you employment on condition that you can pass the physical and drug screen, If you fail one or both, they should have the right to place this information in the DAC. It's not a lie, it's not libel, its the truth.

just because a job application asks if you have ever failed a drug test does not answer the question of whether it goes on your dac or not. why would they report it to dac if you are not an employee of theirs?

I believe when you fill out a application for companies the information you enter is put on the dac when they request your dac. Just like a credit bureau updates your phone and address each time they request a credit check!

it is obvious that if one is to fail a drug screen while you are employed with the company then it would go on the DAC for sure. i believe that if you have not been hired by the company, PRE-employment, and you fail the PRE-employment drug screen you are just disqualified for the position. i don't think that would be reported to DAC. why would they? you are not employed by them. you are nothing to them, just an applicant.

okay fine. I have posted what I believe to be the truth in this matter. I could be wrong but I have talked to others about this and I believe the industry as a whole follows the procedures I have stated. If you want to say I am wrong, that is fine. I personally would not want to chance it though. If you read all the post's of people going to orientation and training only to get a bus ticket back home if they are lucky because they didn't disclose something about something like this. Just my opinion but I tend to believe that you walk by the truth in such things and not doing so possibly can lead to problematic actions.

however, when you apply with any trucking compay, you sign a release form that covers Alchohol and drug reporting from previous history.

Yes if you fail a pre-employment drug screen even a conditional one, it is reported to dac. it becomes part of your permanent record. an employer explained this proccess one time and he stated, its the companies position to report it, so that other prospective companies have this information.

steps further, if a company registers you for orientation, and you dont show up, that also goes on your dac as a no show if they are a dac reporting company. these types of instances happen to drivers all the time, not because they wanted to work for a company, but because they even so much as talked to a recruiter on the pjone for a company, then an over zealous recruiter sets them up unknown to the prospective driver. the driver generally doesnt find this out until later down the road when he shows up for an orientation at another company of his own choosing. its instances such as this that can cause driver havoc trying to get junk like this off your dac.


as for the drug tes and pre-employment. if you fail it at orientation, its on the dac from then on out. the trucking companies help police each other via dac. they are going to report the failure and kick you out of orientation.

Once you show up at orientation you are officially hired by the company. In order to drive you must then pass all of the requirements. They aren't going to spend any money on you until you are hired and physically present. Once it is their money being spent on you they can report the results to anyone that asks.

Look at it this way. Pre-employment stuff is what can be taken care of by phone, e-mail, or fax. If it really was a "pre-employment" drug screen then you would need to send in a sample with your application. :lol:

Here is the easy solution: Don't fail any drug tests. It isn't rocket science. :roll:

Why shouldn't a failed drug test be put on a DAC? Think of the money saved by other companies and the safety issue of keeping some low forehead druggie off the road? I think its more a professional etiquette thing. It makes perfect sense for these companies to protect each other and the motoring public from someone so stupid as to show up to a interview with drugs in their systems. :P

I just took a pre employment drug test/physical last week.

I was specificaly told over the phone that if I fail the drug test it will be reported

No matter what you think, all; I said all companies report to dac that a person has failed a pre-employment drug screen. So If you failed a drug test , I 100% gurantee it will be on your dac report and there is nothing you can do about it. Believe what you want, but go fail a test and you'll see your opinion ain't sh--.

Once you are told to go for your pre-employment drug screening, you ARE CONDITIONALLY HIRED by the company. Things that they are not permitted to ask you on your original application CAN be covered once they accept your application. And, they most certainly CAN put it on your DAC.

ok.. i know all situations are different, but this is one. a friend of mine has failed the pre-employment drug test for a company within the last month. he ordered his DAC/USIS and the drug test nor anything from the company is reported. so, yes maybe if you fail the pre-employment drug test for company X it will be reported, but if you fail it for company Y it won't be. he is very lucky that it was not reported. IMHO i agree with the majority who have posted here. stay the hell away from drugs if you're going to be a DRIVER. there is no room for drugs in the industry. thanks for all the posts guys!

i work doing verifications for a trucking company and so i can say for certain, if someone fails a pre-employment drug screen and that company reports employment information to dac, it will show up. also a 'refuse to submit' is registered as a positive.

easiest way to avoid all this? :idea: don't do any drugs! i agree with the above poster, it's not rocket science. :idea:

Benzo's
 

When there is a drug test, does the tester/company test for bezodiazapines like xanax and prsom?

I'll give you two possibilities. One, it didn't get entered yet. Two, the company does not deal with DAC and will not report it.

Fact remains, when you are told to report to a pre-employment drug screening, you have been "conditionally hired".

It will only show up if the company in which the candidate failed the pre-screen submitted that fact to DAC (which they are bound to by regulations). So, as long as the company is practicing its due diligence, it does show up on the report.

What about your right to privacy?
 

According to the DOT regulations handbook.No employer ,lab or mro can release a driver test results for pre employment. There is a right to privacy. I had a false positive, I know this because I haven't touch THC in years. I think it had to do with Ibueprophen. I took several 800 mg tablets a day.
I tried to tell the MRO this and he said it wasn't possible. I will not take any for my next test and I'm sure it will be fine. If the failed test gets put on my DAC ,I will need a lawyer. I would not take a pre employment test knowing I was dirty. I guess some people do and that is what will bite me. Read about your rioght to privacy then let me know if you think it will be put on a DAC report.

When the FMCSA investigates drivers who tested positive and it is discovered the driver failed to have the necessary SAP referral, return to duty drug test, and minimum of six follow-up tests in 12 months the driver can be penalized for failing to comply, be terminated by their present employer, and face charges for Part 390.35 for falsifying the questionnaire.

Be safe.

Thanks for the info rookie
 

How does the FMCSR find out because no one can tell them. Right to Privacy. I know what your saying about not telling the truth on an application, atomatic disqualification.

goodluck
 

goodluck

terryj9351

The confidentiality applies to third parties, not the US DOT.

kc0iv

If you say so, 8)

Drivers may be located by their CDL number or name from the roadside database. It takes little effort to locate a driver who has had an inspection. The employer is then contacted to verify the driver reported the positive test and has all of the required information. Other sources include the driver?s application with all of the required contact information.

Be safe.

Stay on topic guys,we are talking about pre employment.
 

You are not going to list a company on a applicaqtion that you never worked for,right. Anyone is third party if it's not the employer,lab,or the MRO. The company you applied for employment with is not going to get a request for information because they are not on your next application.
Anyone that fails a radom is in trouble,because that was a test for a present employer. Correct me if I'm wrong.

terryj9351

A driver who holds a Class A CDL is required to provide 10 years of employment history on an application and a carrier is required to confirm three years of employment history regardless of who the driver worked for. If you worked for Sam Jones Trucking from January 2006 - September 2006 you would list Sam Jones Trucking on any application you filled out. Sam Jones Trucking is required to keep a record of who called to confirm your employment. Therefore Sam Jones could provide a list of carriers who inquired about your employment after a postive pre-employment test was discovered.

No, the US DOT is not a third party and has access to all records:

terryj9351

No, however, the carrier you worked for last will have a record of all contacts.

Lets say you applied to ABC Trucking and you had a positive pre-employment drug test. When you filled out the application for ABC Trucking you listed your previous employer Sam Jones Trucking, your address, CDL number, home phone, etc. If the FMCSA discovered the positive pre-employment drug test they could use your CDL and employment history listed to find you and discover whether or not you had the required SAP, return to duty, and six follow-up tests as required.

terryj9351

Drugs and trucks don't mix, there are investigative tools available for a driver to be found regardless of when the driver tested positive.

Be safe.

If this ,If That. What if,. Does anyone really Know.
 

If the Dot inspection comes to a company for an inspection they want records on present employees. If you contact my past employer's I haven't failed a test. I am concerned about a company releasing private information to DAC. I had a false positive for a company that I decided I didn't want to work for before the test results came back. I know it looks bad but I argued the results of the test. To me I'm not guilty of any wrong doing unless proven otherwise. What does and can a company legally do about a driver that fails a pre employment test, if they argue the results ,but don't go to work for that company.

terryj9351

Only what I know of, my post are based on facts I am familiar with.

Positive test reports must be retained for five years. Drivers who tested positive are always a concern. DQ files must be retained for three years. Because of the rate of turn over at some carriers all drivers are reviewed. FYI, a carrier is rated based on their last complete year of random testing, i.e. in September 2006 the random testing program for 2005 would be evaluated. The number of pre-employment drug test examined is based on the number of new hires.

Records are examined based on issues discovered. Why look at drivers who tested negative if there are two or three positive drivers?

No, but they can provide information on who asked about your employment history.

Retain the positive test result for five years and the driver qualification file for three years.

The MRO has the final say, it doesn't matter what the driver argues. The driver's only option is to request the split sample be sent to a different lab for evaluation. If the split comes back clean, no problem. If the split comes back positive case closed positive test.

Be safe.

So they keep a record for 5 years.
 

Unless you apply again with this company again or tell another company that you applied with them. They just keep it in there records for 5 years.
It wouldn't be an issue for another company. They might even see that this other company requested your DAC record, but that doesn't mean anything. They can't legal report it to DAc unless it is requested and then they have to have written consent. The Right to Privacy is the law unless you break the law. Failing a pre employment drug test isn't illegal as far as I know. Feed me more info if you can. I need to know as much as I can before seeking employment. I will test myself before I ever apply for another company. Nothing ,not even prescription med will ever enter my body again. Everyone needs to read up on Ibuprofen as a med that causes a false positive for THC. I'm a believer. Thanks for the help in sorting this mess out.

terryj9351, you're not getting it. Once a driver test positive there are regulatory requirements that must be met. If the driver fails to meet those requirements then the driver faces prosecution.

It doesn't matter what DAC does, DAC is not the regulating body.

Drivers that fail to heed this warning face prosecution and termination from their present employer when the DOT starts investigating.

Be safe.

I get it, for an employee
 

I wasn't their employee, I was unemployed and still am. No company owns me until I'm officially hired. If you are disqualified at any point you are disqualified from possible employment. I don't think your an employee at any point until you fully qualify for that job and then you are hired. Give me more I am opened mined on the whole subject. If you apply for any job and fail the pre employment test ,you are not eligable for employment now or in the future. That includes mining, logging, fishing.Explain why this is different.

Un Terry, you had a positive test. When you go to work for the other trucking company you are now an employee. As such you are now required to have all of the requirements fulfilled before you can perform a safety sensitive function.

Hello.

Once a driver test positive they are prohibited from driving any truck until they have fulfilled the requirements of the regulation.

You do see the words "ANY EMPLOYER" don't you?

Nice try, but the regulations covered that possible loop hole.

Test positive? You're done, poke him with a fork.

Be safe.

Yes as an employee
 

If I go to work or am employeed by another company. I have allready past a pre employment test. I have not failed a test while employeed by a company. There are a list of safety sensitive occupations and if you fail the pre employment test you just can't get hired by that company. I Know you can go to the next and pass theirs and you are hired. It's just like the time I didn't qualify for a job because I mentioned having a bad Knee. It wasn't on my DOT physical or on my application so I was disqualified. I ain't going to put it down on a DOT or application because no one would hire me. I did get another job, the knee held up ,never had a problem and no one was the wiser. It's just like scratching a truck, you never admit it,if you do you'll get fired and have a hard time getting another job. This is a industry of lies, tell me I'm wrong.

trust me terry,he knows what he is talking about,right myth_buster? :lol:

O.K. so me the rules for pre employment
 

Show me the rules for d&a testing in regard to pre employment. Beside the fact that it has to be performed ,we all know that. I'm talking about
the rules on failing a pre employment other than the part that you can't perform for that employer. Show me the one that says if you fail it becomes a part of your history, that the employer can call everyone they no and tell them and you must go to a SAP. Come on guys I almost beleive it. I just can't find it in black and white.

Thanks lonewolf, I appreciate the vote of confidence.

Terry:

Yes, you have a negative pre-employment test. However, you have a positive drug test. Therefore, you are required to see a SAP, have a return to duty test, and six follow-up tests. That is why employers must ask:

Part 40 applies to all modes of transportation, Part 382 applies to highway transportation. Part 382 has defined "Safety Sensitive Function:"

You gained employment under false pretenses, the employer will terminate your employment once it is discovered you tested positive.

You revealed additional information not required by the FMCSR. That was a personal choice.

If the employer offers you the questionnaire as required by Part 40.25(j) and you answer "NO." You have violated the FMCSR and may be prosecuted for:

1. Driving without a SAP referral
2. Falsifying a form required by the FMCSR In-accordance-with Part 390.35

Happy things worked out. However, the knee issue is not the same as failing to disclose a positive drug test.

Perhaps you're correct you may not get another truck driving job. However, in my opinion that's a good thing. I don't believe that drivers who tested positive belong on the road.

Where does the lying begin? Look in the mirror for the base of the problem.

Be safe.

There is another thing to consider, too. Each company is different. Some will consider employment beginning the moment you show up for orientation that first day and take your drug test. In this case, it will show up on DAC, as well as on your employment history at your local unemployment office.

Other companies won't consider you an employee until you take your first load and will not report it to DAC. However, in those cases, the information is stored for later release as necessary. Right now, every company must release drug & alcohol testing information for the past 3 years on every employee check. If the time comes that DOT requires the same on pre-employment tests (and it likely will soon), those reports will likely be retroactive. That means your employee could receive that positive drug test, resulting in your termination and removal from the industry for quite some time.

Full disclosure is always the best bet. It may make getting a job more difficult but at least you don't have to worry about someone opening the closet and finding the skeleton, which would be infinitely worse.

Ok, everything is pretty close here, just thought I'd put my 2 cents in.

You are not hired until you SEAT a truck. Just going to orientation has no guarantee that you will drive for that company.

If you go to orientation and take a drug screen and a physical, you are DAC'd, granted that the company reports to DAC. Even if they don't, wherever you go to drive after that will contact the company that you failed the drug screen at, and you'll more than likely still have to deal with that situation. If you don't say that you went to the company's orientation and your new company finds out, falsified application comes into play.

Not every company reports to DAC instantly, some take up to 6 months to update a DAC report. Some take 1 week, everyone is different.

I think some of you are smoking Pot and should quit before you get pulled for a random test. :D

If you have positive drug screen the company should have the right to call the law and have your dumb a$$ arrested, spend a year in jail, pay a huge fine, have your CDL taken away for life and have your a$$ kicked for doing drugs in the first place. Then I think we would have safer roads.

Just one of your fellow drivers that is drug free.