DRUG TESTING PLEASE HELP
 

I have been terminated from SWIFT Trucking due to Miscommunication with driver manager due to a drug test he said ASAP then he told saftey that he told me immediatly. me and the better half are stuck in Mesa AZ with all our luggage and they wont even pay our way home expect for a bus fare. ythat means we have to somehow take and leave stuff that means alot to us and get rid of the rest and as they say I refused a drug test which was wrong as i went within 24hrs had I know it was urgent I would have left as soon as possible.im at my daughters house til we figure out what to do I FEEL SO SICK due to this in 6 yrs driving ive never refused or failed a DOT test ever plz help with REAL ADVICE,im lost

I hate to sound like a jerk or anything, but I would think that with 6 years under your belt you would know that when you are popped for a random drug test you are to report immediately for testing and if the test is not completed within, usually 4 hours, it is an automatic failure which in this biz is as good as testing positive.

As far as getting your stuff home goes the only thing I can suggest is to rent a car, small u-haul, or pack it up and ship it. Otherwise leave it at your daughter's house, take a bus and drive back and get it.

To hijack this guy's thread a little, I'm curious how this *does* work in the real world. I drove for a private carrier, and all trips wound up back at the home terminal. The way it used to work, if my number came up, the boss would be out there on the yard with a cup in his hand as soon as I got parked.

Now I'm on a dedicated run that never gets me anywhere within a few hundred miles of the nearest terminal for this outfit. I doubt they'll bring me in for a random and take me 600 miles out of route for it, not to mention completely wrecking the all important mission critical JIT schedule.

It would be most convenient if they could pop me near my house, because I know where all the commercial driver testing outfits are around here, but I don't expect that will happen.

So how does this work? I'm driving through BFE and the Qualcomm says I have three hours to find a hospital I can park a T600 and 53' trailer in while I try to convince some nice nurse lady to give me a cup to pee in?

I'm not remotely worried about failing one of these things, but I'm worried about a scenario like this poster here. I only have an hour to play with in my schedule before a factory starts starving for parts. It would be stupid to pop me on the way *to* my destination, but maybe when the number comes across the computer, it comes across the computer NOW NOW NOW.

I have no idea, but I want to have a plan and keep my ass covered in case of this eventuality.

Will the dispatcher find me a hospital somewhere or whatever, or is it all on me? I don't even have an atlas at the moment, since I gave mine away at the end of my last job, when I was determined I was going to hang it up and be a technical writer. I can't afford one yet, waiting on the money train to get rolling again.

Since I know what route I'm on, should I research all the possible drug testing places between here and there, and try to have a plan all mapped out to swing in and out of there in a hurry?

Am I being too paranoid?

If your number comes up for a random the company has so many days to get you somewhere to take the whiz quiz. Once you are notified you have a few hours to get it done.

How and when the company chooses to notify you and where they send you for the test is strictly up to the company.

This happened to me when I was over the road with Landstar,they told me to call before I got to the next city and when I called they gave me directions to the nearest place to get tested took 45 min and was on my way.
To the original poster,with 6 years experience I wouldn't think you would have a problem getting another job after you explain what happened,they will know just like everyone else in this business that Swift is a joke.

I think one of your key issues is the information contained in the FMCSR's, Subpart 1, 40.191.... (a) (1) deals with refusal issues... and the key wording here is your issue. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.......

What is at issue is this: How much time were you given, based upon the exact wording of the message you recieved? Were you told where to go and where to report to? If not, did you immediately contact Safety, and ask them?

Have you spoken with Swift's Director of Safety, and has he/she read the actual message that you received? Was it via Qualcomm? If so, that message if it says ASAP, is still in the system, and the dispatchers word that it was to be immediate is suspect. However.....if the message was given to you verbally....its another nest of problems.

If your service and performance record their is good, I can't see why there is a problem. If you got it done within 24 hours....it should be a non-issue. If you have no issues with Swift, its hard to understand why they would terminate you.

However, 382.305, (l), states: Each employer shall require that each driver who is notified for selection for random alcohol/and or controlled substance 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 to the testing site as soon as possible.

So it seems that in one sense you are between a rock and a hard spot.

Did you ever report for the test and give the required sample. If yes, then the results will speak for themself. If not, then you will be noted as having refused to take said test.....which is bad.

If you took the test and come up "clean", then Swift shot themself in the ass. You need to get a copy of the results....even if you have to go to that clinic and get them. If you are clean, then those results will show your "good faith" and keep you "employable". If you did not take the test as required.... you shot yourself in the foot, badly. I realize that you said that you went within 24 hours....but you didn't say if you completed the procedure.

Folks, this is an issue that must be addressed right exactly when you are notified. You get the where and when from your company.....and get it done....no matter what, and yes, your company can even notify you when you are on "time-off" at home or anywhere....and yes, according to part 382....you must proceed "immediately" to the testing site. This will not appear in the regular FMCSR book, but it is contained in the answer to question 17 regarding this subject in the guidance book.

Good luck on your problem.

That's really just a matter of opinion. The bottom line though is that regardless of who he was with, he's getting popped with a refusal and most major companies will say "no."

Regarding random drug tests, those randoms are listed with the company usually a couple weeks in advance. So they know beforehand that it's coming up, in order to ensure the driver is routed in the correct direction to get tested. And companies like Swift have locations all over the United States to get the test done. That's why Concentra does so well.

That said, I'm not saying you're telling a story. I'm saying that's how most companies will look at it.

Good luck to you.

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. 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.
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. I was humilitated,embarrassed,shocked, they dumped me and my lady on the street with no way to get home SWIFT does not pay all to well anyways........now i wonder if i go home and get a local job how that will effect me, thanks for the comebacks I SHOULD HAVE WENT but he said I could go in the MORNING before my preplan now hes denying he said that.

That's the truth. I got a call from my fleet manager the other day. He said I needed to do something, but he couldn't tell me what. :lol:

As soon as you are notified of a random, you have to proceed IMMEDIATELY to a drug testing station to have it done. Do not pass go, do not collect $200.

A refusal to test is a violation of the DOT agency drug and alcohol regulation and will require completion of the "return-to-duty" process in Subpart O of FMCSA CFR Part 40. You can read all of the relevant rules at http://www.fmcsa.dot.gov/rules-regul...section_type=D . If the local job will require driving a CMV then you might run into issues with the next potential employer. You might very well have to pay the expenses of complying with the return-to-duty process before anyone would consider hiring you.

If you refused that’s one thing. If you never took it you left yourself totally open for Guilty. I assume this is recent? If it is call a independent drug testing company to submit samples. It will cost you but it’s better to be proven clean. You can argue the message delivery.

Useless makes a good point, too, that maybe hasn't been stressed yet. It's not a random drug test if you know about it in advance. The company knows about it in advance for the simple matter of making sure your routing will take you through a testing location. When it does, they call you with that "oh by the way," routine.

Actually there was plenty of warning. During orientation you were given a sheet or booklet outlining the companies drug and alcohol testing policies, and unless Swift has changed you signed a piece of paper stating you have read and you understand those policies.

Well I was at the Laredo, Tx Swift terminal last August and my "random" was announced to me. I was a lease purchase o/o and I was not allowed to leave with the truck or anything. A loty of ppl in Laredo made out like bandits when I had to sell everything in order to buy a bus ticket back to Maine. Swift just washed there hands of me. As they should have. :shock: I have tried to get another CDL job but it looks like that will never happen again. I was there almost 3 yrs when I was canned. JUst a big mistake on my part. I smoked with a relative on July 4th and got randomed in Jonestown. 2 weeks later in Laredo. Well you read ity already.

Good

lol, same thing happened to me. I finished my 11 hours, fell asleep at 6 am and at 11 there is a msg telling me to come in the terminal. Now mind you they didn't tell me about the drug test so what do I do before I report to my DM and safety? I use the restroom, aaaaaaaaaarrrrrrrrggggggggg, lol. For 2+ hours I'm drinking water and walking around trying to get myself to pee, not to mention she informed me about the 4 hour deadline, that wasn't helping my bladder any. Well, they finaly got thier pee and i went back to bed but next time they tell me to come inside I think I'll go there first b4 I use the restroom.

I got a call from our boss one day told me to come back to the yard and see him right away. Walked in and he told me to head to the place that we have our dot physicals and drug test done. He knew that morning who he was going to have do the randoms but waited till be we got back in town.

Swift goes by a script . .
 

. . when your name comes up they route you to or through a terminal. Once there, they have you call a/your driver manager who then reads the very specific instructions, used every time, as to who you must contact and how much time you have to do it. They also explain very carefully what the consequences will be if you don't do as you're told. Of course, they then complete a form to certify they have followed the company policy to the letter.

It's pretty evident from the original post that the poster is not a gifted communicator and that looks to me to be at the root of his problem.

USELESS you have no idea what your ranting about, My team driver worked in the medical field and for a co to discusss your medical history or any part of medical stuff in front of other drivers or anyone for that matter is a HIPPA violation you'd better read up on your medical Laws before you spew what you dont know so take your PEOPLE COURT and run down the road with it............................................anyw ays I have to see SAP in the Albany,NY area so I can return to i got a local non cdl job so to pay for it then me and the betterhalf will be running the road again.

Just because you do the SAP thing doesnt mean you will automatically get another driving job. Most companies are still not going to hire you. Im sure you will be able to find something at some small company. However they might not pay you very well, because they are going to know that they are one of your only option.
It seems everytime I talk to a driver who has failed or refused a drug test and they are still driving, it seems they are always making between 20-23 cpm and some really small "questionable company"
Good luck.

:roll: :roll: Gee, TruckerMikee!!

Guess all of those years I spent getting my BSN (Nursing Degree), the years that I spent working as a health care professional, & the decades I've spent as an employer were all a waste; I should have attended "The University of Petro Truck Stop"!! As for HIPPA??

No "Fair Warning"?? HIPPA?? It'll be fun to see how far you get with that!!

So, you'll be "running the roads" after SAP?? Better get a good pair of jogging shoes, Mikee ( Mikee's NIKE's??) cause if you have any hopes of "running the roads" anytime in the forseeable future, it won't be in a big truck!!

Take the hint, Mikee; I'M not the one who is on the outside looking in!!

See ya' on "The People's Court"!!

Sorry, Double Post!!

A useless post. :P :lol: :?

Well, Jackrabbit!!

What can I say?? Been super-busy as of late, (although I haven't been getting much accomplished!!) :sad: I've have had very little free time, & my post count has been languishing!!

Wonder how far Trucker Mikee got with his HIPPA complaints!! :shock: :D

Yeah, I figured you been running like nutz.

I couldnt resist, though. 8) :D

Last I heard, DOT sided with Swift and he's going through the SAP program.

SAP program. They couldn't have named it any better.

Well, if the guy really didn't do drugs, that's too bad he got himself into the situation. But where he screwed up was just in the common sense category. You have to know, especially if you've been doing it a while, that when they say it's random-time, you better be there with bells on. Now, the only one that knows whether he was dirty or not would be him...so a company is simply not going to take the risk.

Good to see that you are here, and doing pretty good, Useless. I hope that everything works out good for ya. Always a pleasure, my friend. 8)

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. it was the next week when I got around to it, I havent smoked pot in 30 years and never tried anything else, so I think I passed okay

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
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.