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-   Rules and Regulations and DAC, Oh My (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my-16/)
-   -   DRUG TESTING PLEASE HELP (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/26145-drug-testing-please-help.html)

kc0iv 07-15-2007 12:14 AM

Quote:

Originally Posted by Fredog
Quote:

Originally Posted by kc0iv
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Originally Posted by Fredog
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Originally Posted by golfhobo
Quote:

my boss called and said I was up for a random, but we werent going to miss a load over it, he said next time I got in early, to go and do it.
No skin off my teeth, but your boss just broke the law. He's not allowed to tell you that in advance.

If you were wanting a raise, you might want to point this out to him, with a bit of Tony Soprano "squeeze" to go along with it! :lol:

it's not against the law for the boss to tell you that you are up for a random drug test. what is he supposed to do, put a blindfold on you and take you for a surprise ride?

You might want to read section 382.305 (k)(1) and (l) : quoted below
Quote:

(k)(1) Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.

(l) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety- sensitive function and proceeds to the testing site as soon as possible.

kc0iv

so what part of that says it's illegal for your boss to tell you that your name came up? he probably should have waited until I got in to tell me, but he knows I dont do drugs and it wouldnt be a problem.

Did you read the part "Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced. " and "Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately;"?

Simply put The employer can not advise the employee in advance that a random is due until the employee is sent for testing. It makes no difference if he knows you can pass the test.

Think about it for a moment. If you know in advance then it can't be a random unannounced test.

As golfhobo said -- Your boss broke the law. Your boss should have waited until such time as you were free and not miss that load you spoke of. It not uncommon for companies to wait before the employee is told about the random. Most companies receive the notice well in advance so they can arrange for the employees to be free.

As a side note. There are companies that select certain employees (knowing they will pass the test) while knowing other employees would fail. Your example and the one I just gave is why I think all employees should be tested and the notice should be given by an independent source.

kc0iv

Fredog 07-15-2007 02:16 AM

Quote:

Originally Posted by kc0iv
Quote:

Originally Posted by Fredog
Quote:

Originally Posted by kc0iv
Quote:

Originally Posted by Fredog
Quote:

Originally Posted by golfhobo
Quote:

my boss called and said I was up for a random, but we werent going to miss a load over it, he said next time I got in early, to go and do it.
No skin off my teeth, but your boss just broke the law. He's not allowed to tell you that in advance.

If you were wanting a raise, you might want to point this out to him, with a bit of Tony Soprano "squeeze" to go along with it! :lol:

it's not against the law for the boss to tell you that you are up for a random drug test. what is he supposed to do, put a blindfold on you and take you for a surprise ride?

You might want to read section 382.305 (k)(1) and (l) : quoted below
Quote:

(k)(1) Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.

(l) Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately; provided, however, that if the driver is performing a safety-sensitive function, other than driving a commercial motor vehicle, at the time of notification, the employer shall instead ensure that the driver ceases to perform the safety- sensitive function and proceeds to the testing site as soon as possible.

kc0iv

so what part of that says it's illegal for your boss to tell you that your name came up? he probably should have waited until I got in to tell me, but he knows I dont do drugs and it wouldnt be a problem.

Did you read the part "Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced. " and "Each employer shall require that each driver who is notified of selection for random alcohol and/or controlled substances testing proceeds to the test site immediately;"?

Simply put The employer can not advise the employee in advance that a random is due until the employee is sent for testing. It makes no difference if he knows you can pass the test.

Think about it for a moment. If you know in advance then it can't be a random unannounced test.

As golfhobo said -- Your boss broke the law. Your boss should have waited until such time as you were free and not miss that load you spoke of. It not uncommon for companies to wait before the employee is told about the random. Most companies receive the notice well in advance so they can arrange for the employees to be free.

As a side note. There are companies that select certain employees (knowing they will pass the test) while knowing other employees would fail. Your example and the one I just gave is why I think all employees should be tested and the notice should be given by an independent source.

kc0iv

it still doesnt say its illegal for him to tell me nor does it mention any penalties for doing so.
by the way, if my boss had any doubts about a driver being able to pass, he would get him in right away without any warning. we dont play that game,in 50 years in business, the company has never had a fatal accident and has never been sued. I think that says something.
so lets leave it at this. he should have done it the way you are suppossed to, he didnt break the law but he did violate regulations. he didnt do it to get away with anything, he simply thinks that a random test for someone who he knows is clean is not worth missing a load for.

kc0iv 07-15-2007 11:13 AM

Quote:

Originally Posted by Fredog

it still doesnt say its illegal for him to tell me nor does it mention any penalties for doing so.
by the way, if my boss had any doubts about a driver being able to pass, he would get him in right away without any warning. we dont play that game,in 50 years in business, the company has never had a fatal accident and has never been sued. I think that says something.
so lets leave it at this. he should have done it the way you are suppossed to, he didnt break the law but he did violate regulations. he didnt do it to get away with anything, he simply thinks that a random test for someone who he knows is clean is not worth missing a load for.



Those same rules and regulations don't say anything about penalties for violating the hours-of-service either but I can assure you any rule violation can be prosecuted.

I do agree let's leave it to however you want to believe. I can see you have made up your mind and you are not going to accept the facts as they are written.

Have a great day.

kc0iv

ddog 07-18-2007 12:38 PM

Too bad they just can put microchips under our skin. You can't fool the tests and 2 days does not make any difference: you cannot 'mask' against the new tests.

Firing and damaging ones records due to intentional 'fuzzy or mumbling communications' and making employee lose time and money is ridiculous. I'd be happy peeing in a jar every time I was at terminal for them.

Obviously, every time the company wants to escape a liability, this tactic, dac, or even a hazmat misunderstanding are a driver's triple threat and intentional harassment. And there is no recourse the drivers (or any employees to a lesser degree) have against unjust career marks carved in stone on their record. All drivers are just happy to get it off their record and think think they won. They have just lost less, but in no way was fairly compensated for the intentional wrong doing.

Hitler would have been proud of these tactics to manipulate his soldiers. You can systematically prevent undesirable behavior, or you can systematically harass and destroy careers. Any behavior tech knows negatively reinforcing behavior patterns has undesirable effects on overall employee population. duh!

In other words, Fredog and his boss relationship is fully living up to the policy of the law. The procedures of the law stinks and are testing technology-wise outdated. The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

Useless 07-19-2007 12:37 AM

Quote:

Originally Posted by ddog
The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

DDOG;

Any driver who has been driving for six years, as Mikee claims he had been, should know that there is no such thing as "a couple of days fair warning" on a drug test, nor is there any such thing as "I'll get to it tommorrow".

He should have gone to take his drug test when he was told to. Personally, based upon the inconsistancies that I found in Mikee's IP, I'm really inclined to believe that there is a whole other side to this story that we haven't been told. I'm absolutely no fan of SWIFT, but I'll side with them on this one!!

In any event, guess Mikee's been doing double-time at The Golden Arches, since we've not heard from him since he tried to "educate" me about HIPPA!!

I STILL get a laugh looking back at that!!

Useless 07-19-2007 06:51 PM

Quote:

Originally Posted by TruckerManMikee
I was told that afternoon by driver manager that I could go in the morning and he said OK. HE never said IMMEDIATLY or your terminated. I weould have left right away it was a MISCOMMUNICATION.

I believe that when someone is called for a random, they are supposed to be instructed that they have four hours in which to get it done. In any event, with 6 years under his belt, Mikee should have known that.

now they are getting me for refusal due to his not wanting to be honest and saying it was misunderstood on both parts and there was NO FAIR WARNING no coupkle days in advance or I would have been there beforehand.

This part is really a joke; "a couple of days fair warning??

Im going to be in contact with DOT in washington im not letting this one lay down HIPPA rules even in effect they wanted me to discuss my medical situation in a room full of other drivers taking test.

This is where Mikee trips over his own shoe laces; if he never showed up for the test, then hoe could he have been asked to discuss his medical situation in a room filled with other drivers?? In any event, I'm sure that the folks in the HIPPA office enjoyed a good laugh over this one!!

I was humilitated,embarrassed,shocked, they dumped me and my lady on the street with no way to get home

Sucks to be Mikee!!


ddog 07-21-2007 06:05 PM

Quote:

Originally Posted by Useless
Quote:

Originally Posted by ddog
The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

DDOG;

Any driver who has been driving for six years, as Mikee claims he had been, should know that there is no such thing as "a couple of days fair warning" on a drug test, nor is there any such thing as "I'll get to it tommorrow".

He should have gone to take his drug test when he was told to. Personally, based upon the inconsistancies that I found in Mikee's IP, I'm really inclined to believe that there is a whole other side to this story that we haven't been told. I'm absolutely no fan of SWIFT, but I'll side with them on this one!!

In any event, guess Mikee's been doing double-time at The Golden Arches, since we've not heard from him since he tried to "educate" me about HIPPA!!

I STILL get a laugh looking back at that!!

I agree, but Mikee and Freedog may be good examples of procedures working and policies working respecitvely. No foul play with either of these examples. If you never go AT ALL, you are likely trying to stall for a month or two, lol.

Fredog 07-21-2007 06:54 PM

Quote:

Originally Posted by ddog
Quote:

Originally Posted by Useless
Quote:

Originally Posted by ddog
The procedures are used to trap devients, not for the company to to trap honest employees they choose for whatever reason they rationalize whenever they want.

DDOG;

Any driver who has been driving for six years, as Mikee claims he had been, should know that there is no such thing as "a couple of days fair warning" on a drug test, nor is there any such thing as "I'll get to it tommorrow".

He should have gone to take his drug test when he was told to. Personally, based upon the inconsistancies that I found in Mikee's IP, I'm really inclined to believe that there is a whole other side to this story that we haven't been told. I'm absolutely no fan of SWIFT, but I'll side with them on this one!!

In any event, guess Mikee's been doing double-time at The Golden Arches, since we've not heard from him since he tried to "educate" me about HIPPA!!

I STILL get a laugh looking back at that!!

I agree, but Mikee and Freedog may be good examples of procedures working and policies working respecitvely. No foul play with either of these examples. If you never go AT ALL, you are likely trying to stall for a month or two, lol.


lets beat this subject to death, I got nothing else to do right now. in our case, we are a small company, to get a drug test. we have to call the local doctor and get an appointment. I then have to park the truck at the yard and drive over to the doctor. so thats why I was told to get it the next time I was in, he want going to route me to the shop and make me miss a load. now if I had a wreck or was suspect, then that would have been entirely different

Useless 07-21-2007 10:21 PM

:roll:
No one is beating the thread to death, Fredog!!

No one is forced to read it nor is anyone forced to post.

Fredog 07-21-2007 11:48 PM

Quote:

Originally Posted by Useless
:roll:
No one is beating the thread to death, Fredog!!

No one is forced to read it nor is anyone forced to post.


some of the people on here act like they are forced to read every post. they complain about posts that dont interest them or dont agree with them, they way some of them complain, you would think they were truck drivers :lol: :rock:


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