Need help
 

My son was hurt at his job as a truck driver. He was getting back in truck after strapping his load and hit his knee on running board. He worked 3 days after and the knee kept swelling so he went to the hospital 5 days after the accident. They did a non dot drug test on him and it was positive. Question is can they use the non dot drug test to pull him off the road and does this non dot test get sent to dot and put on his DAC report? Any help would be appreciated.

So you think he should keep driving after a positive test?

No I dont if it was an illegal substance. I guess I should have been more clear on what he tested positive for . He couldnt even walk and his knee was so swollen, red and hurt like hell, so I talked him in to taking one of my vicodin until he could go to hospital. The question still is if they didnt do a DOT drug test but a non DOT will it go on his DAC report?

You do know that it is illegal to give someone a drug not prescibed to them? First, the DOT doesn't drug test people. Second, positive tests are not sent to the DOT(actually it is the FMCSA) They have regs as to when you must test. A company can do more than the required testing. What makes you believe that it was't a DOT test? I will have to assume the drug test was required by comp or company policy as it was a work related injury. If the company has a zero tolerance policy, then it's so long. Could be a fight to have comp pay for anything. And yes it can be entered in DAC, as it should be.

This just makes my brain hurt..

1. Did he report the accident/ to the company?

2. It is irrelevant where he got the drugs and right now its irrelevant if it was crack, meth or your Vicodin.. they are all against regulations for him to take.

3. Why would he be drug tested for going in for a knee injury?

4. As far as I am aware, this would not appear as a positive as it was not a DOT test (Pre Hire, Random, Reasonable Suspicion, Post Accident).

If he dodged this bullet, he is lucky... his stupidity just may not have cost him a career.

I'm just guessing here but I assume that when he went to the hospital (or clinic) he told them he got hurt at work? If so it could be standard procedure with that company to require a drug screen, and they are well within their rights to do so. If this is the case than I can see the claim being denied and him losing his job.
That Vicodin was prescribed by a DR. for you not him! If it really hurt that bad he shouldn't have waited and gone to see a real Dr.
It sounds harsh, but my family shares the same roads he drives on.

I feel claiming that he was hurt during the work has certain conditions to follow. Considereing the factors to what he did in the hours before driving. There is also an act in the convention collective automobile licenciement , which is followed to build a termination from job.

I would never take a narcotic. There were alternatives. If he hurt that badly, he should have gone to the doctor or clinic, had them check his injury and then prescribed pain medicine, if needed. It does sound like it was workers comp and may be standard operating procedure to do a drug test to see if the injury could possibly be drug related. You may have him check with the clinic that did the testing and ask them about the drug test and how it will be used. I agree that if they said something about a "positive" that it might involve either the fmcsa or workers comp claim. In either case, it may cost him his job, at the least. Without more information I would not want to speculate. Had he told the tester in advance that he had taken the drug, it might have not been as critical. Any time you take medication, you should tell the tester in advance of any drug test. I hope you will come back and tell us once you find out what happens.

The person conducting the test doesn't care nor has any recourse for people telling them anything. The tester is simply following a specific protocol to conduct the test and handle and package the sample in a certain way. There is no were to document any statements nor any information from the person giving a sample. If there is any results other than negative, (positive, diluted or adulterated sample etc) the MRO contacts the person who gave the sample and questions them on prescriptions or reasons why the sample is positive. Depending on the answers from the person is what triggers either a retest or a positive result. One the test over, the results are between the MRO and the person who produced the sample. When or if it goes sideways, the MRO contacts a specific person or persons at the company, then that person takes action to remove the person from safety sensitive functions.