Thanks lonewolf, I appreciate the vote of confidence.
Terry:
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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.
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:
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? 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
(j) As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years. If the employee admits that he or she had a positive test or a refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process (see paragraphs (b)(5) and (e) of this section).
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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.
Part 40 applies to all modes of transportation, Part 382 applies to highway transportation. Part 382 has defined "Safety Sensitive Function:"
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?382.107 Definitions.
Words or phrases used in this part are defined in ??386.2 and 390.5 of this subchapter, and ?40.3 of this title, except as provided in this section-
Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
(2) All time inspecting equipment as required by ??392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of ?393.76 of this subchapter);
(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
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I Know you can go to the next and pass theirs and you are hired.
You gained employment under false pretenses, the employer will terminate your employment once it is discovered you tested positive.
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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.
You revealed additional information not required by the FMCSR. That was a personal choice.
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I ain't going to put it down on a DOT or application because no one would hire me.
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
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I did get another job, the knee held up ,never had a problem and no one was the wiser.
Happy things worked out. However, the knee issue is not the same as failing to disclose a positive drug test.
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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.
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.
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This is a industry of lies, tell me I'm wrong.
Where does the lying begin? Look in the mirror for the base of the problem.
Be safe.