Clearinghouse issues from 3 years back

Discussion in 'Experienced Truckers' Advice' started by Kaos2point0, Mar 3, 2025.

  1. Kaos2point0

    Kaos2point0 Bobtail Member

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    I got my license while working construction to be able to run a lowboy here in tn. I got fed up there after 8 years and went to a local company to run van trailer. So this new company is by the book. My old place didn't care about #### so I didn't know what clearinghouse was or none of that. New place i went to schedule for pre-employment drug test and there's a violation on my clearinghouse. I had to finish setting up clearinghouse to see what was going on. At my old job bout 3 years ago I had a fall and cracked my head pretty good so had to go to er. I've been prescribed oxycodone for about 10 years and at the time was doing doctors diet and was prescribed phentermine. So I popped oxy and amphetamine on the workman's comp drug test. I spoke to a mro doctor the next day but never heard anything after that. The old boss didn't care about meds and ran everything shady so looks like she didn't follow through with whatever the process was for us to do on clearinghouse. So I'm stuck with a violation that I shouldn't have and have no idea what I need to do to get it fixed so I can get back to work. Would anyone have any advice or a number at clearinghouse to contact and get this solved?
     

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  3. brian991219

    brian991219 Road Train Member

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    No, you should have that violation. It is called actual knowledge, and you admit you tested positive. The work related drug test is required to be reported to the Clearinghouse. It is not a bogus claim or false report.

    When the MRO called they would have been looking for a legit reason for a false positive, which you didn't have, since you were taking the substances they discovered.

    You will be required to complete the return to duty process (RTD) which involves a substance abuse professional (SAP) and from 12-60 months of direct observed tests.

    To get back in a truck you need the SAP evaluation and a clean return to duty test, which if the prospective employer agrees, may also be combined with the pre-employment test. Then, the new employer becomes responsible to make sure you submit to the testing schedule set by the SAP.

    Now, you likely have an even bigger problem because since November 2024 all CDL holders with a prohibited status in the Clearinghouse have had their CDL downgraded to a regular license. Also, if in prohibited status in the Clearinghouse a driver cannot operate any commercial motor vehicle, even the smaller non-cdl required ones. It is an out of service violation if discovered roadside.

    So, if you want to keep your CDL then you will need to get into a RTD program asap, because most states will make you retest after 12 months of being downgraded, so you will have to start all over again if you wait too long.

    You are fortunate that DOT didn't catch you in the last three years while in prohibited status or you would have even bigger problems.
     
  4. Bean Jr.

    Bean Jr. Road Train Member

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    Perhaps I didnt understand his timeline correctly. He said he got popped while on a work related injury? If so, this may not be so simple. It may have been a post injury test, but he already started medicating with a prescription he had.
     
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  5. Chinatown

    Chinatown Road Train Member

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  6. Kaos2point0

    Kaos2point0 Bobtail Member

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    Yes I tested positive because I was prescribed the medication that I tested positive for. I've been prescribed the medication from my VA doctor for over 10 years now. My legit reasoning is that I was prescribed it. For 10 years. Which is why I don't understand how this isn't bogus as you put it. I'm prescribed it so of course it gonna be in my system when I take a drug test lol.
     
  7. Kaos2point0

    Kaos2point0 Bobtail Member

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    I was prescribed the meds for 7 years prior to getting hurt. Ive been consistently prescribed it since 2015.
     
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  8. Espressolane

    Espressolane Road Train Member

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    Do you have access to the medical records for that time? You will need them.
    Get with the prescriber and have them generate a letter stating that the medication was prescribed, and that it is a low enough dose as to not impair your ability to work.
    File a DataQ on the clearinghouse report. Get the case number.
    Next thing is to locate and contact the DOT/FMCSA field office that handles the state you live in.
    Work with the local agent to try to resolve this. They are going to want the medical records and will follow up with the MRO to determine what happened.
     
  9. Kaos2point0

    Kaos2point0 Bobtail Member

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    Thank you this is the kind of info I was looking for. I've already gotten a letter from my doctor stating my medication dosage and how long I've been prescribed it. I just couldn't find out who or where to take it to. When I failed the test I spoke to an MRO and explained everything but they never followed up with me to let me know what was happening. I assumed they had the info they needed from me and were going to contact my doctor to get the med report. I never heard anything back from anyone so I thought it was handled. Employer never said anything and I continued driving up til 3 weeks ago when I started driving for someone else. Drove for them for 2 weeks and then this all happened.
     
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  10. Espressolane

    Espressolane Road Train Member

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    This is not going to happen overnight. Get the DataQ filed asap. Get in touch with the field office as soon as you can after filling the DataQ. They may be able to get you a waiver to drive/work while this sorts out. Probably need to keep your current employer in this loop as well. They will need copies of any correspondence regarding this for their records.
     
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