XPO | Random drug testing

I am going to ask a question here for a change ... I had to go do a random last week ... my terminal called me at home to come in early to go take this test ... Is this legal that they called me for this and told me I am going to do a random ... any other place I ever worked for handed me the form upon my arrival to work .. PUNCHED IN and went to fill the veils ...

i dont know about the legality of it...but im always handed mine the day before and told to do it before i come to work the next day...

At my place they hand you the **** package when you arrive at work. You go pee on your own time then hurry back to punch in ....but kronos will not let you. So then you flag down a supp to get ya punched in and they want to know why your late!!!!!

wonderring99 said:

I am going to ask a question here for a change ... I had to go do a random last week ... my terminal called me at home to come in early to go take this test ... Is this legal that they called me for this and told me I am going to do a random ... any other place I ever worked for handed me the form upon my arrival to work .. PUNCHED IN and went to fill the veils ...

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That is not legal. Seek an attorney.

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wonderring99 said:

I am going to ask a question here for a change ... I had to go do a random last week ... my terminal called me at home to come in early to go take this test ... Is this legal that they called me for this and told me I am going to do a random ... any other place I ever worked for handed me the form upon my arrival to work .. PUNCHED IN and went to fill the veils ...

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' WHAT ' punched in and went to fill the veil. at our place we have to do it on our own time. The minute they call and tell you to come in early starts the clock, you have to log that as on duty as they have requested that.

They are not supposed to call you until your 10 hours are up. The company is also required to send drivers out for random breath test before your tour of duty. According to the FMCSA all randoms are to be done before your tour of duty.

Dodge Ram said:

They are not supposed to call you until your 10 hours are up. The company is also required to send drivers out for random breath test before your tour of duty. According to the FMCSA all randoms are to be done before your tour of duty.

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There is not supposed to be any foreknowledge of a random drug/alchohol screen...

It is 'walk in' and receive your test kit and off you go...as the spirit of the test is intended to be...random.

My question is this...if you are required to log this as 'on duty not driving' how do they get away with not paying you for your time.

Their argument has always been these are DOT requirements and not Con-Way's...just like pre-trip and post-trip inspectiions...which must also be logged...but not compensated.

However you are about company business...and therefore it must logged...

DOT requirement dictates it is a part of the requirements of doing business...and therfore should be paid time.

What happens if you get into an accident on the way to or from your drug/alchohol screeening...mandated to the company by the DOT...and you are not being compensated for your time...who is liable?... It wasn't your choice...it is a condition of employment.

Con-Way has been dodging this responsibility for years...as far as I know every other major carrier compensates their drivers for the time it takes to complete this task.

Just more BS!!!...at your expense!!!

Rat

Anytime they give you a directive, you are in their employment and they are subject to liability should anthing happen to you. As far as receiving compensation, yes you should, no they do not on randoms. but it does count toward your hours of service for that time used.

I believe the random drug test is required for only a percentage and I also believe they go above that percentage for testing.

I always tell them to give me whatever drugs...hell, I'll test 'em:D

Well, what I was told by safety is that it is a voluntary program that Conway signed up for. So, to put it in simple terms, Conway volunteered you for this. The program started out voluntary and I don't know what it is now but, to make themselves look good, Conway sign each and everyone of us up for this.

Now this being said, random is random. Before, after or during your shift. If they have reason to suspect, you go then and there. They are not supposed to notify you in advance. You show up, you go pee. They can't call you in early because that would leave you suspecting something and you could alter your results, call off sick or so on.

So, voluntary means you don't get paid for it. Get it? Conway volunteered your time without asking. Now, I agree getting these guys on the juice off the road, I just don't like being volunteered and someone else taking the credit.

The random drug test is a DOT mandate. It is not voluntary. It is to be logged as "on duty not driving" whether you get paid for it or not.

FMCSR 382.305 and 395.2

bigfoot077 said:

Well, what I was told by safety is that it is a voluntary program that Conway signed up for. So, to put it in simple terms, Conway volunteered you for this. The program started out voluntary and I don't know what it is now but, to make themselves look good, Conway sign each and everyone of us up for this.

Now this being said, random is random. Before, after or during your shift. If they have reason to suspect, you go then and there. They are not supposed to notify you in advance. You show up, you go pee. They can't call you in early because that would leave you suspecting something and you could alter your results, call off sick or so on.

So, voluntary means you don't get paid for it. Get it? Conway volunteered your time without asking. Now, I agree getting these guys on the juice off the road, I just don't like being volunteered and someone else taking the credit.

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snaildriver said:

The random drug test is a DOT mandate. It is not voluntary. It is to be logged as "on duty not driving" whether you get paid for it or not.

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The random drug testing procedure is a DOT mandate.

The number of people randomly tested is based on the amount of positive tests during the preceding test period. The number of positives goes up so does the number of required tests throughout the industry...inversely the number of positives goes down so does the number of random tests dictated by the DOT...Of course their is more to the randomizing than I have explained but that is the simple version...

At least it used to be that way...and may have changed.

No one can legally volunteer anyone for anything without their prior consent. If they are hiding behind the consent forms signed at time of hire to volunteer the drivers et.al. for the testing program they are violating the spirit of the consent.

Just my humble opinion...aside from that...

The DOT HOS rules are very definitive on these matters. Anyone about company business (and DOT mandated drug/alchohol are company business) must log this time as 'on duty not driving'. There is no grey area...therefore at the time of your testing you are under the direct control of the company...and must comply with the testing as a condition of employment and in compliance with DOT mandated testing.

Con-Way has been hiding behind the nonsense that the testing is a DOT mandated rule/law and have used this argument to avoid compensating the drivers et. al. for their time. This is the same assinine argument used for not paying drivers for pre-trip and post-trip inspections...it is required by law and comes under the DOT mandates.

They are incorrect in this assumption. Any work performed regardless of its nature must be compensated (with very little exception).

They have dodged this bullet for years...but there will a time or a place where it comes to a head.

There are thousands of drivers in the employ of Con-Way and thousands of potential consequences which may occur at any time during the course of performing the random testing.

It may have not happened yet but the clock is ticking.

I would be curious to see some states and the Fed's reaction to Con-Way employees not being compensated for following the law...as a condition of employment.

Rat

Rat said:

The random drug testing procedure is a DOT mandate.

The number of people randomly tested is based on the amount of positive tests during the preceding test period. The number of positives goes up so does the number of required tests throughout the industry...inversely the number of positives goes down so does the number of random tests dictated by the DOT...Of course their is more to the randomizing than I have explained but that is the simple version...

At least it used to be that way...and may have changed.

No one can legally volunteer anyone for anything without their prior consent. If they are hiding behind the consent forms signed at time of hire to volunteer the drivers et.al. for the testing program they are violating the spirit of the consent.

Just my humble opinion...aside from that...

The DOT HOS rules are very definitive on these matters. Anyone about company business (and DOT mandated drug/alchohol are company business) must log this time as 'on duty not driving'. There is no grey area...therefore at the time of your testing you are under the direct control of the company...and must comply with the testing as a condition of employment and in compliance with DOT mandated testing.

Con-Way has been hiding behind the nonsense that the testing is a DOT mandated rule/law and have used this argument to avoid compensating the drivers et. al. for their time. This is the same assinine argument used for not paying drivers for pre-trip and post-trip inspections...it is required by law and comes under the DOT mandates.

They are incorrect in this assumption. Any work performed regardless of its nature must be compensated (with very little exception).

They have dodged this bullet for years...but there will a time or a place where it comes to a head.

There are thousands of drivers in the employ of Con-Way and thousands of potential consequences which may occur at any time during the course of performing the random testing.

It may have not happened yet but the clock is ticking.

I would be curious to see some states and the Fed's reaction to Con-Way employees not being compensated for following the law...as a condition of employment.

Rat

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Good post Rat. We had a FOS make one driver log his drug screen and then the next day make a driver log his physical. Both drivers raised total he// because they refused to pay them for it. After that they never mentioned logging it again.

get it right... your pre-trip is paid and on company time. When you punch to driving the compensation for that leg of your linehaul run includes completing you log and pre-trip. Now I know any minute now some rodent will leave their hole with the same 'ol blah blah blah Con-Way this and Con-Way that. Simply ask a supervisor to confirm with the Linehaul operations manual. You punch to driving, complete the change of duty on your log, walk out the door, complete your pre-trip and hit the road. All on company time, included in your mileage pay. So yes, pre-trip is a paid function.

as for drug screens, calling you and tipping you off to the random is not right. You should be signing the chain of custody form which list the time you were informed and instructed to report for testing. The F.O.S. is required to record the time of this and you have one hour to report to the testing site.

Merdock said:

get it right... your pre-trip is paid and on company time. When you punch to driving the compensation for that leg of your linehaul run includes completing you log and pre-trip. Now I know any minute now some rodent will leave their hole with the same 'ol blah blah blah Con-Way this and Con-Way that. Simply ask a supervisor to confirm with the Linehaul operations manual. You punch to driving, complete the change of duty on your log, walk out the door, complete your pre-trip and hit the road. All on company time, included in your mileage pay. So yes, pre-trip is a paid function.

as for drug screens, calling you and tipping you off to the random is not right. You should be signing the chain of custody form which list the time you were informed and instructed to report for testing. The F.O.S. is required to record the time of this and you have one hour to report to the testing site.

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You right for a change...the rodent is on it.

The idea that pre-trips and post-trips are compensated in the mileage pay is a scam regardless of what the LH operations manual says.

You see mileage is a DRIVING FUNCTION...you know what I mean don't you? That would be the part where the driver is actually DRIVING! I believe that is the reason it is referred to as MILEAGE PAY.

That grid looking thingie called a log book has line on it for driving...and if I remember correctly that is where the driving function is to be logged...

Pre-trips and post-trips (and correct me if I am wrong!) goes on a different line of the log book grid thingie called 'on-duty-not-driving'...that would be the part where the driver is performing functions OTHER THAN DRIVING.

So the mileage pay is based on the wheels turning...not inspections.

Then there is the part about one's logs matching their punches...how does that work?

Logged legally the inspections go on the bottom line...so if a driver punches off to driving and then does a 10-15 minute pre-trip his logs are not going to match up.

Seems to me (and again I may be incorrect) that amounts to falsification of logs if the inspections are not recorded on the bottom line as opposed to driving which is grounds for termination and fines.

If the driver logs the inspections legally...punches and change of duty status won't match up...another falsification.

Catch 22...the driver is caught in the middle either way...and no....the driver is not being compensated for inspections regardless of the sideways slant/spin the company tries to put on it.

Inspections are a matter of law and safety.

For a company whose #1 core value is safety it would seem to me that correctly compensating the driver for this function would be a no brainer.

"as for drug screens, calling you and tipping you off to the random is not right. You should be signing the chain of custody form which list the time you were informed and instructed to report for testing. The F.O.S. is required to record the time of this and you have one hour to report to the testing site."

Wow!!!...are you saying the company is not doing this in a correct and legal manner?

I am shocked!!!...never thought I would live to see it.

Maybe I will buy a lottery ticket...

Rat

I've been a school bus driver , a garbage truck driver , and over-the-road , before comming to Con-Way - and I was always payed for "filling the vial" so to speak.

Random Answer

wonderring99 said:

I am going to ask a question here for a change ... I had to go do a random last week ... my terminal called me at home to come in early to go take this test ... Is this legal that they called me for this and told me I am going to do a random ... any other place I ever worked for handed me the form upon my arrival to work .. PUNCHED IN and went to fill the veils ...

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Your answer is 49 CFR 382.305

Part 382.305: Random testing. - Federal Motor Carrier Safety Administration

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

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(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.

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Hours of service

The time is on duty not driving as defined by 395.2 under the definition for On duty time.

Part 395.2: Definitions. - Federal Motor Carrier Safety Administration

On duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include: ...

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;

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Safety Man .. thank you for your response ...