Drug Test

Topic 10290 | Page 1

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Joe M.'s Comment
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I'm totally destroyed over what's happening to me. I couldn't urinate for a drug test 3 weeks ago. I always have trouble going because of my condition. Sometimes it takes me many hours. My employer fired me. Two days later I brought him my medical records proving I have an issue. (BPH/ enlarged prostate) . he let's me test again. I passed and was hired back. Now the MRO wants a reason why I couldn't test that day. I provided them with a letter from my urologist stating my condition and it is highly likely that is the reason I couldn't provide urine for a test. That is exactly what they wanted. Well the MD there who is a total jerk called me and said sorry there's nothing I can do for you. I gave them the proof they wanted from a medical professional. I passed a new test because I was given some medication from my urologist for the condition and he's still reporting to DOT I refused and there's no reason which pretty much means a positive. I don't know what to do. I did everything right. I really have a medical condition and im being screwed. I'm going lose my job once again for something I proved was a medical issue plus I took another test anyway. im the only income for my family. I don't know what else to do.

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.

The Persian Conversion's Comment
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Surely there has to be some agency you can appeal to? Dept. of Labor maybe?

Auggie69's Comment
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Talk to a lawyer. Perhaps a letter from your lawyer to the doctor might improve his outlook on life.

S.B.'s Comment
member avatar

I'm a bit confused with the over all events.

So the first time you couldn't pee due to an enlarged prostate, and that is a legit medical reason with your diagnoses. The prostate enlarges, the gland presses against and pinches the urethra, men with that condition have trouble peeing, and it's a common diagnoses among men! Did you refuse a third test? That sounds like a problem if true. If that is the case, they have grounds to terminate you for a refusal to test, wouldn't matter if the test was the next day after you passed that second test, you have to at least try to do the test anytime they request. Most companies policy is termination for refusal of a drug test.

With your medical records showing a medical diagnoses, good companies (any not just trucking ones), usually make reasonable accommodations, if it doesn't effect job performance or costs. If you just couldn't go the first time, and went the second time, that is not a refusal the first time. If you never refused any testing, you have a case in my opinion. I don't know if I would want to go back to work for such a company. Moving on may be best, as they will certainly have a bulls-eye on you now.

Good Luck.

OWI:

Operating While Intoxicated

Old School's Comment
member avatar

I don't know if I would want to go back to work for such a company. Moving on may be best, as they will certainly have a bulls-eye on you now.

Good Luck.

I don't fully understand this situation based on the facts given in the original post, but I do know that "moving on" is not the solution. If one has a refusal to drug test on their record in this industry they will be extremely hard pressed to even find a job as a commercial driver.

Joe, you've got to get this straightened out - don't sit around despairing, be proactive and do the work of moving mountains if necessary. You simply cannot let this dark cloud hang over your career.

Who is it that you referred to as the "MRO"? Is that someone employed by your company?

Is the M.D. that you refer to your personal physician, or your Urologist, or is it someone who does physicals for your employer?

I can't seem to put all the facts together of who is who and what actually took place with the way you laid it all out in your post.

Joe, I'm really puzzled by your final statement:

I'm going lose my job once again for something I proved was a medical issue plus I took another test anyway. im the only income for my family. I don't know what else to do.

When you say "I'm going to lose my job once again for something I proved was a medical issue" you make it sound like this is not the first time this scenario has occurred. That in itself gives me pause concerning the veracity of your statements. If you are leaving out important details, it makes it difficult for us to help you. I'm wanting to offer some suggestions, but not really sure which way to go on this one.

Can you lay it out with a little more detail, and clarity of what actually took place?

Sclose757's Comment
member avatar

Old school,

He couldn't take first test ... Was let go because of it but provided medical documentation to employer on why he couldn't produce the urine. Was rehired ... Took test past showed the mro (medical review officer) documentation on why he couldn't pee first time sinc he asked for it.. Mro didn't accept his document.

What I'm wondering is was this a known medical issue with your doc beforehand ? If so shouldn't it have been noted in case of random pee tests?

If this wasn't a documented medical issue before that may be why the mro isn't accepting it.. May have to fight this up with chain of command

Old School's Comment
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If this wasn't a documented medical issue before that may be why the mro isn't accepting it.. May have to fight this up with chain of command

This is what I mean by doing the work of moving mountains... you've got to get on top of this and don't sit around despairing.

The whole scenario sounds bizarre to me, I mean they let him go, then they allowed him to retest, they hired him back, and now they are going to let him go again? It just sounds like we may be missing some details. Any reasonable MRO would understand and accept the Urologists letter of explanation, but Joe makes it sound like he has been through this situation before, which I can only assume makes the MRO suspicious of something amiss.

S.B.'s Comment
member avatar

I don't fully understand this situation based on the facts given in the original post, but I do know that "moving on" is not the solution. If one has a refusal to drug test on their record in this industry they will be extremely hard pressed to even find a job as a commercial driver.

Moving on is the eventual best solution in the long run imo, but he has to clear his name, sorry if I was not clear. I didn't mean not fight it and just leave, that's why I say he has a "case" if he didn't refuse a test. A refusal to drug test hurts job outlook in many industries. I would surely clear my name and go back to work when they admit fault for wrongful firing. Then move on later to another company. I wouldn't want to work for such a company that treats individuals like that There is too many job opportunities. When they admit fault for wrongfully firing, he will have a bulls eye on him ( because they sound like a horrible company based on his treatment if he is accurate), and they will look for any reason to get rid of him. That's the harsh business world of scum companies.

I'd clear my name, go back to work, then later find another company and give them a notice if I didn't have any contracts with them. Just my opinion.

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.
Old School's Comment
member avatar
That's the harsh business world of scum companies.

David, I simply cannot share your cynicism of the business world. All businesses are in place to make a profit, that is what they are for. They cannot do that without good people working hard and sharing in that goal. The idea that some companies are "scum" and basically are organized to treat people poorly and injuriously as they go about their goal of turning a profit is a concept contrived by the ill informed. I hear people use these type of expressions all the time, yet in all my years I have never come across a business owner who ever held to those types of ideas.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Annee's Comment
member avatar

Who is it that you referred to as the "MRO"? Is that someone employed by your company?

The MRO is the doctor that works for the drug testing company and makes the final decision of pass or fail. Unfortunately, he has almost total control on what is reported. If I were Joe, I would first try escalating this up the drug testing company's chain of command and if that doesn't work, a letter from a lawyer might stir things up. Go on their website and I'm sure you will find contact information, complaint telephone numbers, etc. If everything you said was true and your MD is backing you up, nothing else should matter. Good luck, Joe!

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