Need answers - Failed Drug test at a NON DOT job??

Topic 16755 | Page 1

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R W.'s Comment
member avatar

Well, first off, hello, I am new to this forum. I did some looking around and it seemed like a very informative, friendly place to be. I am here mainly because I have a question I can't seem to find an answer to (maybe I am not using the correct search terms, idk) and this seems like a knowledgeable group of folks who might be able to help. I am really hoping so, because I am sweating bullets over here.

Let me tell you my story so you have a better understanding of what is going on. My boyfriend just recently got his CDL a couple of weeks ago and is in the process of looking for a job. I currently work at a trucking company and have a couple of family members that work here as well. He is thinking about filling out an application here because we currently have a couple of positions open. All would be fine and dandy except for one problem.... at his previous job he got fired for failing a drug test. He does not do drugs, so this absolutely flabbergasted both of us. He had been around some folks smoking pot, but did not smoke it himself. He had previously lived with his dad who sat less than 5 feet away and smoked, but he had never failed a test before, so this really caught us all off guard. None of us knew second hand smoke could be so.... potent I guess. They did a mouth swab test, and the girl that sent him said (after the fact) she sent him for the wrong test, she should have sent him for a DOT test (which I am assuming would have been urine and he likely would have passed). I am not sure how all of that works to be honest, but he did not get tested under DOT regulations as far as I know. The circumstances leading up to his testing were as follows:

BF works in the flooring department at Lowes as a flooring specialist - Lowes needs something delivered ASAP so pulls the BF and another guy to go make the delivery (something that is not techincally in his job description) - BF and coworker hop in Lowes box truck and go to deliver stove - Stove is not in a box, BF not wearing gloves, a sharp piece of metal cuts his finger - Cut is bad enough that BF is taken to ER to have finger stitched up - A few days later, BF is sent to have a drug screen since he had an accident at work - Get a call saying he failed the test, have option to re-test within 48hrs - BF immediately goes to Lowes to request that they do a second test because he does not do drugs and there must be some mistake - Denied second drug test due to Lowe's Zero Tolerance Policy

This was a really great job. He had been promoted from seasonal employee to flooring specialist in less than a year because he is a hard worker and an excellent employee. All of his managers were super ticked that he got fired but there was nothing anyone could do because someone in some corporate HR office said he had to go since he failed. At first he was 100% open and honest with each place he filled out an application at. Told them he was fired for failing a drug test and that it was B.S. because he didn't use drugs and would be able to pass any and all further testing with flying colors, which is true. Well, about 30 applications later with 0 call backs, I told him he needed to tell them something different to at least see if someone would call him back. We hated to lie, but at the same time, I was supporting 4 people off of my income alone (my disabled father just moved in with us when all of this happened, super bad timing all around) and was not sure how much longer we could stay afloat. Eventually he got another seasonal job, which is where he is currently employed. He studied online, took and passed all of his CDL testing the first go around. We pulled the last $500 we had in savings out for him to take a course to help with the driving part of the test. Passed with flying colors, and now here we are trying to sift through all the sketchy places out there and find a decent CDL job.

SO, now that I have given you the background, here is my question:

When he fills out applications with a prospective employer, and he fills out the request to previous employers about testing results, is this Lowes ordeal going to rear it's ugly head again?? If they did not do a DOT test on him, how likely is it that the failed test will pop up in their inquiry? Would he have to take a return to duty course to be able to get a CDL job even though he was not a CDL driver and the test was not a DOT test?

When all of this happened we were so shocked, we did not tell some of our family (mainly my mother) that he got fired due to a failed drug test because she would likely have had a stroke before even hearing us out. Lets just say she is high strung and we didn't need any more drama on top of all the other stress we had going on at the time, it was bad enough as it was. Unfortunately, my step father is my boss, and I do not really want the BF to fill out an application here, have that stuff turn up on his record, and wind up embarrassing my step father in front of everyone else. I also do not want them (my parents) to find out we lied to them. This whole thing was such an unfortunate incident and I still am in disbelief that it actually happened. It feels like a bad dream. It has ruined his career and his ability to find a job.

Any advice or information you can provide would be GREATLY appreciated. Thank you for taking the time to read this!! If it needs to be in another forum just let me know!

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Susan D. 's Comment
member avatar

My guess is its not the failed drug test that is the problem, but the fact that he doesnt appear to have obtained a 160 hour Certificate of Training from an accredited CDL school.

Shortcuts getting a CDL are usually major hindrances. He probably should attend an accredited CDL school, as its an FMCSA requirement.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Susan D. 's Comment
member avatar

Oh and also, i would pay a company (its usually cheap) to check his employment references to see what Lowes is saying. Also his MVR and criminal history should be clean.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

Missy's Comment
member avatar

did he get any pain meds while in the er? If so he can get a copy of his medical records stating he got pain meds while there. Believe it or not vicidone has a few close opponents to meth. I almost failed a few drug tests because i was using vicidone due to stomach pains. I had to show proof of prescription and er visit.

Annee's Comment
member avatar

Non DOT (private) drug test results are just that - private. In my previous life of employee rep in staffing firms I ran, administered, and monitored all drug/background testing and I can assure you the company would NEVER give results out to anyone or they would find themselves in a lot of trouble.

If an employee applying for a temp position at one of our customers sites failed a drug/background, the customer was never told details of why the employee could not start the position, they were told the candidate did not pass the pre-employment criteria - NOTHING else. This is considered private and included in the HIPAA medical information regulations.

But if the trucking company should ask him to sign a release and submits this release to Leows, the info will be shared. But why would the trucking company bother with non-trucking related past employment?

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
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