Dot Tests And Regulations

Topic 29361 | Page 3

Page 3 of 4 Previous Page Next Page Go To Page:
Rick S.'s Comment
member avatar

So what I posted was accurate.

Well - we could split hairs here:

There is a national database that tracks individuals that failed drug tests. Thus keeps applicants from going to a different company and not disclosing the failed previous tests.

The "national database that tracks individuals that failed drug tests" - is the FMCSA Clearinghouse. HireRight DAC is an employment background checking site - that trucking companies report employees TO, and check for potential employees previous work history.

There IS A DIFFERENCE (again, splitting hairs, pardon the pun). Since hair tests are NOT DOT drug screens (YET) - they would not be reported to the FMCSA Clearinghouse. If they were, they could be disputed - since it is NOT A LEGAL DOT SCREEN - and companies know this - even if they might erroneously report it there ANYWAYS.

"Technically" (under federal employment and privacy laws) - a previous employer is ONLY supposed to relate dates of employment, and whether or not the employee is eligible for re-hire. If a company says that you were NOT ELIGIBLE for re-hire (and under FMCSA regs, potential employers are supposed to actually check references/previous employers). So if a company told another you failed a drug screen - they would be in violation for disclosing this.

I have only seen MY DAC - which has nothing on it - so I cannot relate FOR CERTAINTY, that "termination for failed drug screen", IS (or is NOT) REPORTED ON A DAC.

But the OP's PASSED URINE - should be reported on the "national database" (Clearinghouse) as a PASS - because both of them WERE. And the hair should NOT - because it is not a DOT accepted testing method.

Wasn't trying to slap you down there Pack - just trying to give accurate information as it relates to FMCSA Regs.

This will all change as soon as they get off their fat government butts and make the rule. When they DO - HAIR TESTING WILL BECOME MANDATORY - that's right - MANDATORY.

Which means we won't have to answer the question: which companies do hair testing - THEY ALL WILL - BY LAW.

Transport Topics Article: ATA Meets With OMB to Discuss Hair Sample Testing Rule

Keep in mind - the mandatory hair testing, was mandated in the "Fixing America’s Surface Transportation Act of 2015", and we all know how long the various agencies and concerned parties can kick the can down the road.

Rick

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.

Rick S.'s Comment
member avatar

So what I posted was accurate.

In researching for another post - I came across THIS: 49 U.S. Code § 31306.Alcohol and controlled substances testing

(B)The regulations prescribed under subparagraph (A) shall permit motor carriers—

(i)to conduct preemployment testing of commercial motor vehicle operators for the use of alcohol; and

(ii)to use hair testing as an acceptable alternative to urine testing—

(I)in conducting preemployment testing for the use of a controlled substance; and

(II)in conducting random testing for the use of a controlled substance if the operator was subject to hair testing for preemployment testing.

--------------------------------------

So - I may in fact - be INCORRECT about hair being reportable to the FMCSA Clearinghouse. It happens once in awhile (Rickipedia being wrong).

I was under the impression it was NOT an acceptable method.

Rick

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • 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.
PackRat's Comment
member avatar

I already looked all that up. I do things like that when I'm sitting at shippers and receivers.

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

Xnihilo's Comment
member avatar

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

Banks's Comment
member avatar

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

In a urinalysis, not likely. Hair follicles, it's possible.

Xnihilo's Comment
member avatar

double-quotes-start.png

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

double-quotes-end.png

In a urinalysis, not likely. Hair follicles, it's possible.

Yikes! Scary thought. Well, I won't be doing any testing for a few months, so I guess I'll be okay.

Hate to tell my friend I can't hang out any more sorry.gif

Rick S.'s Comment
member avatar

double-quotes-start.png

Okay, sorta hijacking this thread, but still related. I don't and won't ever partake, but a couple of times in the past 3-4 months I was in a friend's house that does quite a bit. Can second-hand smoke give a false positive?

double-quotes-end.png

In a urinalysis, not likely. Hair follicles, it's possible.

Actually - that's kind of a myth. You'd have to be locked in a closet with Bob Marley and never wash your dreads to pickup a contact hair positive from external exposure. Likewise for (supposed) "contact highs" or positives from being in the same room as people smoking - unless they're using vapes and fogging the entire room.

The test of for metabolites in the BLOOD - that get excreted INTO THE HAIR VIA THE FOLLICLES. There's also a threshold that the machine is set for, to ignore anything UNDER that, as a false.

There are also foodstuffs and meds that can throw a false. These usually show up in urine, but can show up in hair also.

Not saying YOU DO - but typically, people that fail - just don't want to admit they used.

We did have a guy in here - that (claimed) he was "dosed unaware" with an edible by a friend (SOME FRIEND) at his "going away party". He obviously FAILED.

If you're sitting around while your friends burn - and they burn a lot - there's a slight chance of getting a contact exposure - like REALLY SLIGHT.

Nothing is impossible in todays world - and it's not fun trying to "explain away" a failed test. But if you are legitimately NOT USING, and you're not hanging out in a grow house, or a rastafarian temple - you should fall under the threshold for a positive.

This is obviously going to get even more problematic for folks, as more states legalize it - and more people who don't even partake are going to come in "casual contact" with people that do.

Rick

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.
Rick S.'s Comment
member avatar
Hate to tell my friend I can't hang out any more sorry.gif

How about you ask your friend not to smoke in your presence?

Rick

Xnihilo's Comment
member avatar

double-quotes-start.png

Hate to tell my friend I can't hang out any more sorry.gif

double-quotes-end.png

How about you ask your friend not to smoke in your presence?

Rick

Hi Rick, thanks for setting things straight. I guess I should clarify that she's not in my face about it; only a couple of times lit up in my presence. However, her house totally reeks of the stuff even when she doesn't fire up. I guess that's most of my concern.

Interesting thing she has an Ed.d. Highly intelligent, and I have to meet up with her occasionally for teaching state standards and training. That's my "exposure."

Derrick A.'s Comment
member avatar

Hello all, I apologize for hijacking this thread but I found this thread and wanted to ask a question that was in the same ballpark instead of making a new thread.

I'll get to the point, I'm planning on getting my CDL later this summer, but for now I only needed a DOT medical card to drive my company's truck. I went to get a DOT medical card and made the mistake of admitting past marijuana use in the last 2-3 years in the questionare form. Because of this the doctor could not give me the physical and told me I would have to complete a SAP before I could take the physical. I never took a drug test and very much could pass a urine/hair test as I've been clean for at least two years, I just made the idiotic mistake of admitting past use.

I've read up on Clearinghouse and FMCSA and am wondering if I take this SAP to then pass my DOT physical, will this show up on my record when I eventually apply for a CDL/and or try to become employed?

All I did was admit prior use (which was extremely dumb) but I never failed any test and I know for a fact I will pass in the future, I just want to know if this will be a permanent etch on my record that will make it diffulct to become gainfully employed.

Any help is greatly appreciated, thank you.

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

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.

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.

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.
Page 3 of 4 Previous Page Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

Background Checks DOT Drug and Alcohol Testing FMCSA Hair Follicle Drug Testing Hard Lessons Learned
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More