Fired!

I just got fired at Western Express safety says bc I didn't take a drug test within 48 hrs mind you im a rookie don't know the first thing about what I'm supposed to do after a accident and couldn't get anyone at Western Express on the phone to give me directions on what I'm supposed to do! Any advice is greatly appreciated any jobs that'll hire me etc?

Well that would have a big thing that should have been covered in any training and schooling you have had. It's the law. Do you have a legitimate excuse for NOT taking drug test in 48 hours?

Well that would have a big thing that should have been covered in any training and schooling you have had. It's the law. Do you have a legitimate excuse for NOT taking drug test in 48 hours?

Other than being stranded with no contact from my company no

What I'm saying is did you know you were supposed to take pee test or not? It's your responsibility to know and to act, regardless of whether dispatch is off for the holiday or whatever. You weren't stuck in a snowdrift for two days so where ever you were you should have been able to contact a doctor, clinic, hospital, police station ANY place to get the test done. Did you need money or permission? That can be worked out later. Refusal/failure to take drug test after accident on a CDL is a big thing and I would bet black lists you, unless there's some extremely good excuse. Any other drivers with more experience on this will hopefully chime in, but I doubt it will be good news.

Nice speaking with you (first off).

The 48 hour "window" is often discussed - because for DOT Urine Screens - most drugs (aside from weed) are out of your system in 72 hours - but THE REGS ACTUALLY STATE is that alcohol tests are to be performed within 2 hours, and controlled substances within 32 hours - if the driver receives a citation as a result of a DOT REPORTABLE ACCIDENT.

If the alcohol test wasn't administered within 8 hours - the company is supposed to cease trying to get that one, likewise for controlled substances after 32 hours (49 CFR 383.302(d)(1)&(2)).

Post accident testing is MANDATORY for DOT Reportable Accident, per FMCSA Reg 49 CFR 382.303 - where the driver of the CMV was ISSUED A CITATION. The reg I linked to here - is the entire reg concerning post-accident testing.

A DOT Reportable Accident is one where someone has to be taken to the hospital from the scene by EMS, or any vehicle has to be removed by a tow truck (damage sustained sufficient that the vehicle cannot be driven from the scene).

So now the question(s) becomes - DID THE COMPANY INSTRUCT YOU TO GO TEST? Once the truck was towed away - the QualComm wasn't available to contact the company.

HOW SOON AFTER THE ACCIDENT - were ya'll able to contact the company and inform them about the accident, that the tractor was towed, and that you GOT A TICKET FOR IT? Your safety department should have IMMEDIATELY INFORMED YOU of the closest place to report and take a drug test.

This is starting to look less like a case of "wrecked a truck and got fired" (because an accident like that could have happened just as easily to a 30 year veteran), and more a case of miscommunication about post-accident alcohol and drug testing.

Here's the REAL PROBLEM THOUGH:

49 CFR 383.302(e) A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

Depending on the timing of how soon this was reported to the company - and how soon they attempted to instruct you to get tested - this COULD GO DOWN AS A REFUSAL TO TEST.

If that ends up being the case - you're pretty much SCREWED.

And the regs say that YOU ARE SUPPOSED TO BE AWARE OF THE TESTING REQUIREMENTS:

49 CFR 383.302(f) An employer shall provide drivers with necessary post-accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle , so that drivers will be able to comply with the requirements of this section.

So this should have been in your employee handbook, or in some piece of literature that the company got you to sign SOME ACKNOWLEDGEMENT that you had been made aware of post-accident procedures.

Western is a pretty reputable company. A number of our members are either currently with them, or had driven for them previously. I can't see them NOT FOLLOWING THE REGS to the letter.

Now - not accusing the poster of being loaded, or even knowingly avoiding testing. Though, the company's position, if they followed 383.302(f) and provided you with the information on what to do after an accident - will be that they made you aware of the rules regarding post accident testing and you didn't follow them.

This is going to be REAL INTERESTING to see how this shakes out - and what the company puts down as the reason for termination. If it's for the accident, you may not be able to get onboard with another company for a minute - but it's not something you can't overcome.

PLEASE KEEP US POSTED.

Again - it was nice chatting with you on the phone too.

Rick

I knew Rick would chime in.

With your encyclopedic knowledge and experience, why are you still listed as "Company Driver in Training".

I knew Rick would chime in.

With your encyclopedic knowledge and experience, why are you still listed as "Company Driver in Training".

Because I'm still running my computer business and not driving full time. But the nature of my business (as burnt out as I am) gives me the time to stay up on the trucking industry. I am a bit of an obsessive (SAY IT AIN'T SO) and the best jailhouse lawyer in town (actually - I do law offices as my IT specialty), so my research skills are above average.

I'm the same way with all my interests. Jack of all trades, master of many. Guns, photography, live sound/recording, computers (yech), harleys

I should really change my status to: Considering A Career". I'm trying to get my biggest/oldest client to FIRE ME - so I have no choice but to sell everything I own and go drive. But he keeps giving me raises and just gave me a large end of year bonus. I just CAN'T SEEM TO GET OUT.

Rick

Most companies tell you to call safety right away. And they would tell you what to do

Well that would have a big thing that should have been covered in any training and schooling you have had. It's the law. Do you have a legitimate excuse for NOT taking drug test in 48 hours?

Rick you always have good info but easy on the CAPS as it makes you sound angry lol.

Rick you always have good info but easy on the CAPS as it makes you sound angry lol.

Not angry. Caps for EMPHASIS.

LOL

Rick