Failed Drug Test

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Just Mitch's Comment
member avatar

Don, it's fine.

The lab told me all the medication that I take wouldn't cause me to test positive. The lab is willing to send sample to another lab for testing, and I'm willing to pay for it, because unless somebody has been shoving it up my backside while I sleep, there's no way it should be positive. I don't even know what the stuff looks like.

The company has to give them permission to send it to another lab, even if I will pay for it, and unfortunately they won't okay it. So, that's where I'm at now, with no way to contest the result.

I don't know what else to do at this point. Find an attorney, or if I need to do SAP and hope for the best or just move on to another industry or what.

As it stands now, just looks like I will have a failed drug test on my record no matter what, and that is that.

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Sorry Jeremy , I did not mean to imply that a company would give you the option to retest. I was stating that you had mentioned your were going to test yourself, thus the use of the word "retest." Adipex can trigger a false positive for amphetamine. You mentioned You stayed that "you told them about it", but do you have a prescription by a MD? I do not believe a prescription is required for buying it online, so if you did so (without a prescription), then that may very well be an issue.

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Didn't give me the option to retest it, whether I paid for it or not. But yeah was told I tested positive for meth. Was a hair test, and supposedly that stays in your system for 2 months - told them what medications I was taking: Phentermine, Lisinopril, Pravastatin and Metoprolol - said the phentermine could give a false positive for amphetamine, but the rest shouldnt do anything.

Don't really know, I'd pay to retest if they gave me the option, though. I'll call and ask. But I was going to do my own hair test to see if i tested positive for sure - if there was a chance I could still apply elsewhere for school.

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Didn't give me the option to retest it, whether I paid for it or not. But yeah was told I tested positive for meth. Was a hair test, and supposedly that stays in your system for 2 months - told them what medications I was taking: Phentermine, Lisinopril, Pravastatin and Metoprolol - said the phentermine could give a false positive for amphetamine, but the rest shouldnt do anything.

Don't really know, I'd pay to retest if they gave me the option, though. I'll call and ask. But I was going to do my own hair test to see if i tested positive for sure - if there was a chance I could still apply elsewhere for school.

1. Be honest with yourself. If you did meth then go get some help. 2. I’m not implying that you’re lying. However, having dealt with these issues from a corporate standpoint, I can tell you two things. A. False positives do happen unfortunately. B. People who know that they’ll test positive will still get tested and act shocked that they tested positive. I only mention this because you mention getting an attorney. In court the dishonest guy and honest guy both say the same thing.

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.

Rob. D.'s Comment
member avatar

Jeremy,

My online research indicates that Phentermine can result in a false positive, which you had already mentioned, so it is interesting that the lab told you it would not result in a false positive. Another "failed drug test" poster on this forum claimed that he later found out that his girl friend had done cocaine and he believed he tested positive from kissing her. While, I don't know whether that is reasonable, you might want to think if something like that in your situation would have caused a false positive.

I did find the FMCSA split specimen testing procedure below. While this may not help you at this point, future readers of this thread my be within the 72 hour window.

FMCSA Split Specimen Test Regulations

Interestingly, this only applies to urine samples because there are no FMCSA regulations for hair follicle testing. Because FMCSA doesn't have regulations for hair follicle testing, it made me question their validity. This is answered by the Trucking Truth article linked below:

Trucking Truth Hair Follicle Article

Accordingly, your hair follicle test does NOT count as a failed DOT drug test and cannot be shared with other companies.

This raises another question in my mind. How do you answer the question "have you failed a drug test." If the question is "have you failed a DOT drug test?" The answer would be no, because hair follicle testing is not an authorized test under DOT regulations.

I would be interested in Rick's thoughts on this as well.

Good luck in your endeavors.

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

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.

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.
Jeremy B.'s Comment
member avatar

Unfortunately where I am from, that stuff is pretty rampant. It's hard to get away from it. I do know people who use, and asked them to keep that stuff away from me. Could I have tested positive for unintentional contact? Maybe, but from what I read I had to of used it about three times for it to show up. So, not sure. Shouldn't of shown up.

I'm aware I sound like anyone else who fails a drug test, though. I can't help that. I don't use though, and won't. I hate to take responsibility for something I didn't even do, but if I have to, and if I have to go through the return to duty process, I will.

I have ordered a copy of my DAC report though. I was told that I had nothing on file and they closed the case. Should I wait a few weeks and order another? I'm not sure how quickly that stuff shows up.

Thanks.

Jeremy,

My online research indicates that Phentermine can result in a false positive, which you had already mentioned, so it is interesting that the lab told you it would not result in a false positive. Another "failed drug test" poster on this forum claimed that he later found out that his girl friend had done cocaine and he believed he tested positive from kissing her. While, I don't know whether that is reasonable, you might want to think if something like that in your situation would have caused a false positive.

I did find the FMCSA split specimen testing procedure below. While this may not help you at this point, future readers of this thread my be within the 72 hour window.

FMCSA Split Specimen Test Regulations

Interestingly, this only applies to urine samples because there are no FMCSA regulations for hair follicle testing. Because FMCSA doesn't have regulations for hair follicle testing, it made me question their validity. This is answered by the Trucking Truth article linked below:

Trucking Truth Hair Follicle Article

Accordingly, your hair follicle test does NOT count as a failed DOT drug test and cannot be shared with other companies.

This raises another question in my mind. How do you answer the question "have you failed a drug test." If the question is "have you failed a DOT drug test?" The answer would be no, because hair follicle testing is not an authorized test under DOT regulations.

I would be interested in Rick's thoughts on this as well.

Good luck in your endeavors.

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

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.

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.

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.

PackRat's Comment
member avatar

Do you have a CDL?

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.
Jeremy B.'s Comment
member avatar

No, just the permit. Was in school.

Do you have a CDL?

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.
Tim F.'s Comment
member avatar

I would strongly suggest you revise your circle of friends to exclude “those who use”. Chances are very good that somewhere along the line you ingested something from one of those “friends”....unknowingly. That’s my thinking. The suggestion that you had to ask them “to keep it out” means that at some point it has been around.

I might think back to scenarios that would have exposed you to the risk.

I’ve had my CDL for 5 years now and even the suggestion of drug use excludes that person from my life.

Good luck

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Robert D. (Raptor)'s Comment
member avatar

Jeremy

If you are being honest in this, and they will not let you have a retest then get a lawyer to fight their refusal for you to do the retest. It all comes down to how much you want to drive and have this great adventure.

Good luck

Raptor

Don's Comment
member avatar

On what basis could Jeremy sue for failing a drug test? I may be wrong, but labs should have an A/B sample. He stated that he takes a medication that can cause a positive for amphetamine, but did not state whether he has a prescription. Under those circumstances, I cannot see how sueing would end favorably.

Jeremy

If you are being honest in this, and they will not let you have a retest then get a lawyer to fight their refusal for you to do the retest. It all comes down to how much you want to drive and have this great adventure.

Good luck

Raptor

HOS:

Hours Of Service

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

Hey Don,

I do have a prescription. However the lab said that it wouldn't cause me to test positive even though we have read otherwise.

The lab said they keep the sample for months and that I could pay to have it sent to an independent lab to be tested. Thing is, I have to get the company that ordered the test originally to okay it, and they won't.

That's why I'd get an attorney involved. Something that's going to be on my record for years, and can't even pay it of pocket to get it retested.

Doh

On what basis could Jeremy sue for failing a drug test? I may be wrong, but labs should have an A/B sample. He stated that he takes a medication that can cause a positive for amphetamine, but did not state whether he has a prescription. Under those circumstances, I cannot see how sueing would end favorably.

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Jeremy

If you are being honest in this, and they will not let you have a retest then get a lawyer to fight their refusal for you to do the retest. It all comes down to how much you want to drive and have this great adventure.

Good luck

Raptor

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HOS:

Hours Of Service

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

If you have a prescription for the Adipex and provided it to them when you were tested, then there should not have been any issues.

Hey Don,

I do have a prescription. However the lab said that it wouldn't cause me to test positive even though we have read otherwise.

The lab said they keep the sample for months and that I could pay to have it sent to an independent lab to be tested. Thing is, I have to get the company that ordered the test originally to okay it, and they won't.

That's why I'd get an attorney involved. Something that's going to be on my record for years, and can't even pay it of pocket to get it retested.

Doh

double-quotes-start.png

On what basis could Jeremy sue for failing a drug test? I may be wrong, but labs should have an A/B sample. He stated that he takes a medication that can cause a positive for amphetamine, but did not state whether he has a prescription. Under those circumstances, I cannot see how sueing would end favorably.

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Jeremy

If you are being honest in this, and they will not let you have a retest then get a lawyer to fight their refusal for you to do the retest. It all comes down to how much you want to drive and have this great adventure.

Good luck

Raptor

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HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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