Company Says I Didn’t Take A Random Drug Test.

Topic 22758 | Page 1

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Joseph G.'s Comment
member avatar

A little backstory, sorry for typos as I’m on mobile. My last company where I was a yard dog, asked me to do a random drug test. I had just gotten off a deferred probation for a misdemeanor possession charge. The company knew of my probation and as soon as I finished they tested me. I passed the random test, then my supervisor (who I have had issues with my entire employment) told me two days after taking the random that I needed to take another random test. I told him that wasn’t right because “I took one two days prior. How is this random?” My supervisor said the other test didn’t matter and that I needed to take one that instant. I hesitated because he liked to “pick” on me and I thought he was being unfair and abusing his position. I wanted my plant supervisor to confirm this “random test” Within 5 minutes of him asking me to take another random, he told me to leave and not come back. Because me not agreeing instantly was a refusal. Now my question is, will this hurt me if I go to orientation and do disclose the situation. Is this considered a refused drug test? I completed probation and had to do a drug offender class and take a urine test every month. I’m afraid my bad relationship with my supervisor will come back to stop me from pursuing trucking.

Old School's Comment
member avatar

It will actually show as a failed test. Anytime you are asked to do a drug test, do it. That is the definition of random.

Brett Aquila's Comment
member avatar

Welcome Joseph.

For starters, look at the picture you're painting:

  • The possession charge
  • Probation
  • The bad relationship with the boss
  • The additional random drug testing
  • Giving them a hard time when they request a random drug test
  • Getting fired

They call that "swimming upstream" and that's what you're trying to do all the time. For starters, don't do any sort of drugs if you want to work in a safety related field. Then, no matter what field you're in, go with the flow. Why would you argue about another drug test? You have possession charges and probation and yet they gave you a job. Wouldn't you expect them to watch you closely?

What did you expect them to say when you argued about the drug test?

"Yeah, you're right. We're not being fair. We've changed our minds. You don't have to take another drug test. We trust you."

Good grief, man.

As far as this showing up - I'm afraid it probably will. You're going to be asked if you have failed any drug tests, and a refusal is a failure. Now if you don't have a CDL and this job didn't require a CDL then I don't think you'll have to go through the Return To Duty Process. If you do have a CDL then you might have to go through that process before you can drive a commercial vehicle again.

The "swimming upstream" thing is kind of a road to nowhere, ya know what I mean? It's always two steps forward, three steps back. Nowadays with the drug testing technologies available today and the number of scheduled and random tests you'll have to take in order to drive a rig it's nearly impossible to get away with anything anymore. It's become a "go all in or go nowhere" kind of deal.

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.

OWI:

Operating While Intoxicated

Rob T.'s Comment
member avatar

Joseph, when i had transferred locations when i was with Sysco i had to take a drug test. The 5 weeks leading up to my transfer i was selected for a "random" 3 times. It amazed me because for 2 years up to that point I'd never been given a random. Sure its irritating but i know i had nothing to worry about so i went along with it. This was before i had my CDL. Honestly why would you even try to fight having to take a random if you know you were clean. Its possible he may have been abusing his power but given your history can you blame them?

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.
Joseph G.'s Comment
member avatar

Welcome Joseph.

For starters, look at the picture you're painting:

  • The possession charge
  • Probation
  • The bad relationship with the boss
  • The additional random drug testing
  • Giving them a hard time when they request a random drug test
  • Getting fired

They call that "swimming upstream" and that's what you're trying to do all the time. For starters, don't do any sort of drugs if you want to work in a safety related field. Then, no matter what field you're in, go with the flow. Why would you argue about another drug test? You have possession charges and probation and yet they gave you a job. Wouldn't you expect them to watch you closely?

What did you expect them to say when you argued about the drug test?

"Yeah, you're right. We're not being fair. We've changed our minds. You don't have to take another drug test. We trust you."

Good grief, man.

As far as this showing up - I'm afraid it probably will. You're going to be asked if you have failed any drug tests, and a refusal is a failure. Now if you don't have a CDL and this job didn't require a CDL then I don't think you'll have to go through the Return To Duty Process. If you do have a CDL then you might have to go through that process before you can drive a commercial vehicle again.

The "swimming upstream" thing is kind of a road to nowhere, ya know what I mean? It's always two steps forward, three steps back. Nowadays with the drug testing technologies available today and the number of scheduled and random tests you'll have to take in order to drive a rig it's nearly impossible to get away with anything anymore. It's become a "go all in or go nowhere" kind of deal.

Thank you for an honest response. I do not have a cdl. Is there a way to make my situation better besides just waiting to be year because of a refusal? I’m going to check my Daca but I think it may be to soon to show up on there. If it isn’t on there I would still disclose it to a company but I’m assuming they would say no go?

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.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

OWI:

Operating While Intoxicated

Old School's Comment
member avatar

If you don't have a CDL , you don't have a DAC report.

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.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Eri S.'s Comment
member avatar

A little backstory, sorry for typos as I’m on mobile. My last company where I was a yard dog, asked me to do a random drug test. I had just gotten off a deferred probation for a misdemeanor possession charge. The company knew of my probation and as soon as I finished they tested me. I passed the random test, then my supervisor (who I have had issues with my entire employment) told me two days after taking the random that I needed to take another random test. I told him that wasn’t right because “I took one two days prior. How is this random?” My supervisor said the other test didn’t matter and that I needed to take one that instant. I hesitated because he liked to “pick” on me and I thought he was being unfair and abusing his position. I wanted my plant supervisor to confirm this “random test” Within 5 minutes of him asking me to take another random, he told me to leave and not come back. Because me not agreeing instantly was a refusal. Now my question is, will this hurt me if I go to orientation and do disclose the situation. Is this considered a refused drug test? I completed probation and had to do a drug offender class and take a urine test every month. I’m afraid my bad relationship with my supervisor will come back to stop me from pursuing trucking.

You can be tested for drug test anytime the company wants. They are the ones putting an investment on you not once not twice but as many times as they want. For them to make a second back to back test on you, they wanted full clear indication and assurance that you are clean.... there are those hippies out there that do drugs the minute that they think they passed the first drug test...or they could have used someone else' pee/hair or even blood to pass their first time.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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