SAP return to duty question
 

I recently quit my driving/delivery job of 8 weeks after having a real bad day that culminated in getting popped for a random drug screen. I never refused to take the test, but told them I was done working for them. Nothing has shown up on my DAC report from this employer yet, but the HR person told me that they would report it as a failure to submit to the test. After researching on-line what I did and what it would take to correct it, I have pursued the SAP counseling and am completing that process now, however, when I call for other driving jobs, it seems as though nobody will even talk to me for at least 3-5 years, even with the return to duty authorization. Am I indeed done driving for 3-5 years, or longer, since I quit in that manner. I admit, it was a snap decision on my part, but had already "logged" 14 hours on duty that day, and had been "on-the-clock" for 15 hours.
As a side note, the main reason I quit was due to the company's insistence that I falsify my log book (show sleeper berth time while making deliveries and pickups). I was trained from day 1 with this company on how to do it, and once I got on my own, whenever time became an issue, they pushed recording my time as such. I do not have money to file a lawsuit, and do not want anything more than the ability to work. Does anybody have any advice on what I can do, if anything at this point, or find another job and wait it out?
BTW, I have since taken 2 drug screens, from non-driving companies that both came back negative, and I do not use drugs, other than an occasional social drink when I am at home.
Thanks for reading this and appreciate any advice you may have.

If you had done all of your work legally and THEN gotten fired because you refused to work illegally you could inform OSHA and get back wages or your job back.

You might be able to find a company to work for that won't check your DAC report. Good luck.

Re: SAP return to duty question
 

Having been through a what simular(sp) ordeal my best advice is to find another line of employment. The chance of getting a good company to work for in the trucking industry is slim.

As far as them reporting it as a refusal that is what they have to do. Once they select you for a random you have to give they sample.

As far a getting a driving job down the road their are problems you will find. It will still show up on you history as a refusal. You will most likely have to go training again.

One other thing you will have to do is have a min. number for random test done for the next year or longer.

I know this is not what you want to hear.


As far a the logbook thing I would suggest you forget it. First thing you have to understand is it was YOU that made the entries into the logbook. You signed the logbook saying it was true.

Until DOT solves the widespread illegal logging it's not going to be solved. And I'm afread it will come down to automatic logging.

kc0iv


kc0iv

Unfortunatly refusing a random is like testing positive. Even companies that do not check your dac will still call your former employer and ask if you ever failed or refused a test. With that being said how long did you work for this company? If it was less that three months send me a pm and I will explain a way around your problem.

Aintgotone said:

Part 391 says:

Part 390 says:

The driver can now be prosecuted for leaving off employers when applying for a job. The driver could also be prosecuted for failing to have the required minimum six follow-up tests in 12 months following a positive test.

FYI, there is a search-able database by driver that list every carrier the driver was employed by.

Be safe.

What is that searchable database besides dac.

No there isn't.

Rev.Vassago wrote:

Go to Analysis and Information click the icon to continue. The next page has a laundry list of selections. One such selection is: "FMCSA Tools", the section has a search able database using a driver's last name, first and last name, or driver's license number.

Fact not fiction, think about it. Every roadside inspection a driver receives has the carrier's name, relevant vehicle information, HM information when appropriate, and the driver's information. The inspections are up loaded to the Motor Carrier Management Information System. If you choose "SafeStat On-Line" a person can view all OOS violations using a carrier's US DOT number. The information available to the public includes vehicle license plate numbers. Is it a far stretch of the imagination to believe there is a search able database using driver information?

Your choice, however, keep in mind the the age of information is upon us and the information has been gathered.

Be safe.