DOT drug screen

@Moose1958

 

Did you tell the staff you NEEDED to use the restroom?

 

I'm sure you could have asked to use Their restroom. See this story alot on here good luck. Someone will be around soon to advise you

 

First I am tagging @brian991219 . OK lets discuss what the regulations say about pre-employment testing. I will start with what 40.191(a)(2) says. This regulation applies to all US DOT-regulated industries, Motor Carriers as well as Railroads.

Fail to remain at the testing site until the testing process is complete. Provided that an employee who leaves the collection site before the testing process commences (see § 40.63(c) or § 40.72(e), as applicable) for a pre-employment test is not deemed to have refused to test. The collector is not required to inform an employee that the failure to remain at the collection site is a refusal. If an employee leaves prior to the completion of the testing process, per § 40.355(i) the employer must decide whether the employee's actions constitute a refusal;

Here is the problem, and why you are in refusal. LOOK very carefully at the way this is worded. "Provided that an employee who leaves the collection site before the testing process commences" If you got a letter most likely the chain of custody form was started. I am sorry to inform you this means the testing process started and you basically violated the above section. People sometimes listen to truck stop attorneys and are not fully knowledgeable about part 40. I know you were in a bad situation, but the rules don't allow any margins here. The chain of custody form has to be handled by the rules set forth in 40.191(d). They don't just throw them away.

There are 2 things you NEVER do if you work in any part of the US Transportation system when it comes to drug testing. You NEVER under any circumstances leave the testing area once the chain of custody form has been started and last, you NEVER walk out of the secure testing area once established during orientation.

I am really sorry this has happened to you. The USDOT has become almost Nazilike these days.

 

Yes, and you are disqualified from operating a CDL-required CMV until you finish the SAP return to duty process.

 

@brian991219 will give you a better answer. I'm out of the loop with most recent changes.