How does it work when you refuse a drug test while employed?

Discussion in 'The Drivers Lounge' started by truckinus, Oct 31, 2017.

  1. truckinus

    truckinus Former YRC Dallas 511

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    I am too lazy to google the rules. No, I am not a druggie. I just forgot the rules and was curious. I thought your employer reported the refusal to the state/feds and you would never be able to drive anymore. I remember years ago you could refuse and just move on to the next company but not tell the next employer that you refused a random drug test. I vaguely remember that they changed this loophole years ago, but I wanted someone that knew to explain.
     
  2. ABFer

    ABFer Super Moderator Staff Member

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    As far as I know a refusal carries the same weight and punishment as a positive test except that if it is recorded as a refusal it could look worse to a prospective employer than a hot test and rehab.
     
  3. truckinus

    truckinus Former YRC Dallas 511

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    A positive drug test at a scale house means you lose your license and/or you are going to jail. A refusal to test at an employer results in what? That was my question. Do you lose your license? Is it recorded in a database to ban you from future employers? Do you have to go to drug rehab after a refusal to test? Where is the record kept? How long is it kept for? ETC.

    AHA, It hasn't been implemented. That is the answer.
    The final rule for the clearinghouse has already been implemented but the database will not be active until January 2020. That is to say, the law has been written and finalized, but there will be a three-year waiting period while the database is created to give businesses time to comply with the rules.

    The FMCSA has not provided a timeline available for when the Clearinghouse portal will be visible to end users. However, there are some state-specific drug testing databases for CDL drivers that reside in that state’s jurisdiction. Arkansas has created this sort of system and you can read about their frequently-asked-questions here: https://www.ark.org/drugtest/index.php/user/faq

    So basically this dude that crashed a truck and refused a drug test at my work will just move on to the next employer. Sounds wonderful. No wonder truckers have such a bad reputation. You would think they would implement this quicker.

    If you want to read all 185 pages of the rule here it is. That is what I was trying to avoid.
    https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-27398.pdf
     
    Last edited: Oct 31, 2017
  4. pro1driver

    pro1driver I am LAST

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    right now, i cannot read the link you gave in your other posting, but from what i thought "was the norm", scale house drug screens are under a "voluntary thing", NOT mandatory. i had asked my employer safety man about that, he told me to refuse that "voluntary screening". the most you'll get is a written letter to bring back to your employer, but i can assure you, they also fax one off to them as well.

    as for anyone refusing a drug test by the employer, kiss your job goodbyeeeeee..

    they may make you go to a SAP program on YOUR DIME, whether or not they rehire you is determined by them, not you, it does indeed get reported as a refusal which usually means positive result.

    when an employer calls you for a random, there is a "window" of time to get to a test site. i can't say for sure, but i think that is 2 hours?

    i was lucky with my employer, the boss would call me and tell me to go the next day, not ASAP.

    in fact in all reality, all my employers told me "by the end of tomorrow get it done"...

    but i was local then.'

    some OTR companies inform you and many TELL YOU where there is a collection site close to where you are at the time...however, try parking a big rig at some of those places, and meeting that 2 hour window (may be more than 2 hours though)
     
  5. Cerberus_Kelpie

    Cerberus_Kelpie Wings Over the World!

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    Best way to "discover something" is to DO IT. :33:

    NO more can ANY "Driver" who refuses a drug test simply walk into another gig, especially in Trucking.

    YOUR RECORD FOLLOWS YOU!!

    Pro1: It's been within 3 hours as in my case of a Preventable Accident in Alabama in early 2013.

    Had I REFUSED, I would not now nor would I have been after then being terminated, a QUALIFIED Class A Truck Driver for so many, as stated, YEARS, and maybe not after the "time has passed".
    Refusing a D.O.T. Drug Test is refusing to continue as a Trucker and it is RECORDED, like on your D.A.C./HireRight/Current Name File, because it can then be PUBLIC information (and NEEDS TO BE), and may well be on your home State Driving Record accessible by potential Employers.

    I've NEVER heard of a "Drug Test" being administered at a "weigh station", but then I'm a Trucker and I ain't herd of eveythin.

    by the end of tomorrow is pointless.

    When people refuse the drug test part of the D.O.T. Physical, It's THE SAME as walking out the door before or during the "exam".

    The BEST DRUG TEST is FOLICLE (goes back 6 months). NO DENIAL OF PROOF ONE IS/IS NOT GUILTY!!

    Rehab is not always considered a clearance.
     
  6. pro1driver

    pro1driver I am LAST

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    cerb, back many years ago, "volunteering" drug tests were being administered at nearly all the scale houses.

    drivers thought THEY HAD TO TAKE THEM, when in fact...it was "voluntary "...(sp??)

    this is when my safety manager told me, to tell them to go screw themselves. YES, they will fax, mail a letter to the company that one refused to "volunteer", but last time anyone checked, volunteer means freely do something.

    then most likely, your company might order you to take a random. that, one cannot refuse!!!!
     
    Last edited: Nov 2, 2017
  7. pro1driver

    pro1driver I am LAST

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    in fact, @Cerberus_Kelpie , if i really recall, this voluntary drug testing was way back in the 1990's when i worked for that company, your wife worked at, at the Greensboro, NC terminal!!

    (not celedon) the company before that, which bought out my former employer. i think her TM manager was Dave? and he had a german shepherd dog?

    so now, to the o/p @truckinus , if this voluntary drug testing has started again, ask your safety man/woman what the company policy is for refusing, A VOLUNTARY drug test, at such a location performed by the DOT.

    a post accident drug screen "may take place" at a scale house if one IS involved in an accident, and such a set up is on site to provide that information to the investigators. i think all they would really need is a restroom, and pee cups, and the required paperwork. as per usual, witness everything they do, just as if you went to a pre-employment or random drug screening.

    but otherwise, a voluntary roadside or scale house drug screening...??

    not me.
     
    Last edited: Nov 2, 2017
  8. 20_yrs_2_go

    20_yrs_2_go Well-Known Member

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    First the accident will be on this drivers CSA / PSP report ( most potential employers look at ) second if the driver was found at fault He or she will be required to drug test within hrs of the accident.
    Third if the driver blows off the test it will show up on the PSP and or DAC report

    Tell your coworker good luck finding another driver job
     
  9. pro1driver

    pro1driver I am LAST

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    i think at fault or not, post accident testing is required in x amount of time.

    blowing off a post accident test is an automatic refusal, (just like a random, and pre-employment) and yes, gets reported as such, and as you say, good luck finding new employment.

    pre-employment refusals i have seen when i was going for my random.

    one guy wanted to take a smoke while waiting, since he could not pee right away.

    so he walked out to smoke, never asked for permission to go out.

    when he came back, the lead nurse said, "you refused a drug test, we just called your company, leave right now"

    so good luck to him and any others, that walk out before a pre-employment drug screening, in fact, if you do ask for permission to go out and smoke..??

    THEN the nurse tells you "once you walk out, it's a refusal"

    do you wanna see smokers get all antsy in the clinic then..????.....lol
     
  10. truckinus

    truckinus Former YRC Dallas 511

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    I just remember taking a random and they told me I was only allowed two dixie cups from the water cooler. Once they left I was chugging water. Had to wait until I could produce enough urine. I peed before the test but didn't know it was coming. I drank a big gulp from 7-11.
     
  11. Cerberus_Kelpie

    Cerberus_Kelpie Wings Over the World!

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    It takes 20-30 minutes from drinking fluid to produce Urine.
    8-16 ounces is a minimum standard.
    Some places offer FREE pint water bottles which are easily refilled onsite.
    Some "medical personnel" have stated "too much water intake may dilute results" which is just a attempt at intimidation.
    For BEST result(s), flow for 2 seconds into bowl, then into container above minimum line, then bowl. DO NOT FLUSH till told or FAILED will result!!

    Never have I nor never shall I give a Urine specimen "test" to ANY weigh station official without comfirming their proven MEDICAL CERTIFICATION on display and readily accessible. Just because they "claim" they want a Urinalysis without VALID verifiable Documents proving their MEDICAL CERTIFICATION means they're simply intimidating Drivers and no compliance is then required. One will not suffer ill rewards from such non medical personnel requesting said "testing".
    (When a person is arrested for, say, Drunk Driving, said person has a choice of 3 testing measures [in order of difficulty for results]: Breathe, Urine, Blood.) >>No officer can demand any one test--it is YOUR CHOICE<<
    - - - -
    For those that smoke too much and somehow cannot WAIT the minor amount of time for the D.O.T. Physical, try Nicorette GUM.

    CHEERS!!
     
    Last edited: Nov 5, 2017
  12. Cerberus_Kelpie

    Cerberus_Kelpie Wings Over the World!

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    Highway Express.
     
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  13. seabreeze

    seabreeze Not Well Known Member, 60 Year Teamster Member

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    Not a true statement, at my age if you drink a beer and wait 20 or 30 min. good chance you will have wet pants!
     
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  14. Cerberus_Kelpie

    Cerberus_Kelpie Wings Over the World!

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    Do not drink too much Booze or drink while Nekkid and "wet pants" become no problem.
    - - - -
    Since there is ALWAYS some type of Emergency at testing locations, there are relief faclities easily accessed and the staff cannot refuse access regardless of "appointment time".
     
    Last edited: Nov 5, 2017
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  15. seabreeze

    seabreeze Not Well Known Member, 60 Year Teamster Member

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    I think this (scale testing) may have started after I retired in 90, I never heard of this.
     
  16. Cerberus_Kelpie

    Cerberus_Kelpie Wings Over the World!

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  17. pro1driver

    pro1driver I am LAST

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    i knew the name, about 6 years of my life was with them.
     
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  18. pro1driver

    pro1driver I am LAST

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    well the thing is, i was once told, that if TOO MUCH water is taken in, we become "waterlogged" a very professional description for m the nurse at the test site.
     
  19. Cerberus_Kelpie

    Cerberus_Kelpie Wings Over the World!

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    The "too much intake" doesn't fly as in drinking contrast before a C. T., Then more before the test.
    Two small Dixie cups are almost useless, where 8-10 ounces of water, or fruit juice or whatever is in a "big gulp" would be satisfactory.
    If one has pushed water for 24hours before the drug test, there may be little if anything caught, unless one smoked or ate Maria J. Juana.....but I am no medical rep. so less on this later....end of line.
     

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