2 diluted drug test

Lets look at a few things here.

2 diluted negative tests is not specifically a problem. When the collection for the second test occurred, did they do a direct observation? You have requested all test results and MRO evaluation reports?

So just to get right to the point. This company has decided they don’t want to hire you.
For what ever reason they are putting gates in front of you. The company has no reason to request or require a letter from a doctor on why your urine was diluted, that would come from an MRO as part of an investigation. Since you had a negative result, end of discussion.

 

I do not know why the employer is requesting a note form your personal physician, they have no obligation to request such. If the MRO reported a negative test result with a note of a diluted specimen and the employer requests a retest, as it appears they did, and that result is also a negative diluted then the test stands as a valid negative.

No where in the guidance does it require or suggest the motor carrier request further information. Now, the MRO could request further information from a personal doctor, but that would be done before the final test result is released to the employer.

Since you say the second test was not collected under direct observation I would take that to mean the MRO has no reason to believe you were diluted to mask drugs, he likely believes you have a medically valid reason to have a diluted sample. Remember, every drug test is reviewed by a medical doctor prior to the result being disclosed to the employer and if they have any reason to believe there is something more to the test they will contact you prior to reporting the final result.

It sounds to me like this employer is looking for a reason to not hire you after the offer was made. I would be hesitant to jump thru their hurdles with a personal doctor note, however if you really want the job go see your personal doctor and explain you had two DOT drug tests return as a diluted sample and ask them to check kidney function and urinary tract for abnormalities that could cause this. Also ask your doctor for any dietary reasons why your urine would show diluted in a drug test. Have him write up the results, if there is a medical reason or not, and see if that satisfied the potential new employer.

For reference see the FMCSA Q&A style regulation related to diluted samples below. DOT Rule 49 CFR Part 40 Section 40.197 | US Department of Transportation

Subpart I—Problems in Drug Tests
§ 40.197 What happens when an employer receives a report of a dilute urine specimen?

(a) As the employer, if the MRO informs you that a positive drug test was dilute, you simply treat the test as a verified positive test. You must not direct the employee to take another test based on the fact that the specimen was dilute.

(b) As an employer, if the MRO informs you that a negative test was dilute, take the following action:

(1) If the MRO directs you to conduct a recollection under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL (see §40.155(c)), you must do so immediately.

(2) Otherwise (i.e., if the creatinine concentration of the dilute specimen is greater than 5 mg/dL), you may, but are not required to, direct the employee to take another test immediately.

(i) Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation (see §40.67 (b) and (c)).

(ii) You must treat all employees the same for this purpose. For example, you must not retest some employees and not others. You may, however, establish different policies for different types of tests (e.g., conduct retests in pre-employment situations, but not in random test situations). You must inform your employees in advance of your decisions on these matters.

(c) The following provisions apply to all tests you direct an employee to take under paragraph (b) of this section:

(1) You must ensure that the employee is given the minimum possible advance notice that he or she must go to the collection site;

(2) You must treat the result of the test you directed the employee to take under paragraph (b) of this section—and not a prior test—as the test result of record, on which you rely for purposes of this part;

(3) If the result of the test you directed the employee to take under paragraph (b)(1) of this section is also negative and dilute, you are not permitted to make the employee take an additional test because the result was dilute.

(4) If the result of the test you directed the employee to take under paragraph (b)(2) of this section is also negative and dilute, you are not permitted to make the employee take an additional test because the result was dilute. Provided, however, that if the MRO directs you to conduct a recollection under direct observation under paragraph (b)(1) of this section, you must immediately do so.

(5) If the employee declines to take a test you directed him or her to take under paragraph (b) of this section, the employee has refused the test for purposes of this part and DOT agency regulations.

[68 FR 31626, May 28, 2003; 69 FR 64867, Nov.9, 2004; 73 FR 35974, June 25, 2008]

Last updated: Monday, June 12, 2023

 

On a diluted test result, you have two levels. The most diluted level would at an MRO direction, be a direct observation collection for a second test. The other thing that is important is the company policies.
They have to treat any and all people equally. Did they provide a copy of the policy?
Since the sample was diluted, the MRO would be the one to direct the next activity, they could request a second test, usually on a diluted sample, it’s automatic, even on a negative test. If the second test is basically the same and negative. End of game.

 

It is a negative test. Gets reported as a negative test. Thats all, nothing more to do.

“ End of game” is a colloquial term that means thing are done or finished.

 

How are strangers on the internet supposed to read the mind of the company that gave you the info that they will hire you but you need a note from your doctor? Ask the company and ask your doctor. We get so many questions asking for us to read the mind of someone that had a conversation about a topic, the original poster didn't understand what was being said, and they want us to relive the conversation and tell them what it means. That's like asking us to read a road sign your drove past. We can guess, but if we didn't see that one sign, it's only a guess. Your company isn't going to accept a note from strangers on the internet telling them about your urine sample. What do you want us to do? Be specific. We can only read what you write.

 

in other words, the potential employer had NO RIGHT asking you for a note from your doctor.

the MRO (medical review officer) would have contacted YOU for an explanation, and/or ordered up another test with someone watching you.

frankly, even though you say you do not use drugs, you also have to realize that many of us have been here for many years, and have "heard it all before", so many times, we take what is said by the original poster (like you) with a grain of salt.......

again best thing(s) to do..?

1) apply for another job

2) if you get pre-hired, and get sent to another test site, for gosh sakes, DO NOT drink gallons of water....

3) drink maybe 1 or 2 bottles of water, just enough to give your body time to produce a sample.

4) going by your very first posting, you work outdoors?
so did you go for the pee test during your shift?
if so, next time, go to a test site when they open up, in the morning, and just be late to your job.
all the peeing you do before bedtime and when you wake up should have emptied out your system.

 

Don’t pee like an hour before the test