Employer Ordered Non-DOT Reasonable Suspicion Should Have Been DOT Reasonable Suspicion

Topic 32274 | Page 2

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Anne A. (and sometimes To's Comment
member avatar

Thank you all for your replies and I completely understand your points.

Utility Mechanic,

I know, I'll get hollered at...but, I'm sorry this DID become the end of the beginning, for you.

For what it's worth, these gals are in the top 16 members of the Women in Trucking Advisory Board; #2 on the list. No idea, no calls, no qualms; just find it 'interesting,' to be honest. FMCSA's 16 Women Advisors on Board~ Again, they're the 2nd on the list, included.

Perhaps a 'stop gap' before the attorney necessity? I'd personally LOVE to hear results of your contact attempt, if any.

I feel for you to a point; The DOT isn't one to be trifled with, however. Maybe there still 'is' a next step ?!? I've not a clue.

Let us know; might be worth a shot~

~ Anne ~

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.
Davy A.'s Comment
member avatar

I'm going to go out on a limb here, but if you're experiencing feelings of being followed and patterns of behavior that only you are noticing, your best bet would be to seek some help from a professional counselor or psychological therapist.

The much larger problem, that your employer obviously saw, was paranoid delusional instances. Also ADHD is the wrong direction to treat for, sounds more like OCD or BPD.

Rob T.'s Comment
member avatar

I'm going to go out on a limb here, but if you're experiencing feelings of being followed and patterns of behavior that only you are noticing, your best bet would be to seek some help from a professional counselor or psychological therapist.

The much larger problem, that your employer obviously saw, was paranoid delusional instances. Also ADHD is the wrong direction to treat for, sounds more like OCD or BPD.

Completely agree! ADHD medicine does absolutely nothing to help with those symptoms. My son was recently diagnosed with ADHD (and other disorders) and although the medicine helps him it wouldn't help with other disorders and may actually make it worse. That is one of the many reasons to never take anybody else's medicine they were prescribed. You also risk serious legal trouble if you have the pills in your possession.

I would highly recommend you seek help from a psychiatrist. There's no shame in taking care of your mental health. Another family member very close to me was recently diagnosed with some disorders, one of which being borderline personality disorder. One of the symptoms for borderline is auditory hallucinations, hearing voices that others can't. For the 2 people I mentioned they've been taking their prescribed meds for about 3 months now and they've noticed a huge difference in their quality of life. There is no shame in needing to see a psychiatrist or therapist. If you're afraid of the stigma you're still protected by HIPAA laws.

At first I was skeptical about my 6 year old son being on meds but we tried several different approaches. After giving them a chance to work we've all noticed a huge difference. Now that the ADHD is under control we're going to start treating the other disorders through therapy. Hopefully we're able to treat it without more medicine but if that's what we need to do for him to lead a more normal life then that's what we'll do for his sake. Some days are still very tough but we'll get through it.

HOS:

Hours Of Service

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

Was this the first time you've felt like you were being observed unnecessarily by someone/someones whom you felt seemed a little odd or out of place? Just curious.

Lil'RedRidingHood's Comment
member avatar

So sorry OP. Like the others said, refusing a drug test is refusing a drug test—and is the same as taking one and failing it.

I hope you take the lesson and apply it in your new gig.

Fairness has nothing to do with it. They have a duty to test you if they think something is going on, whether it is or not.

To those reading, there is a super simple solution. Resolve to not touch alcohol or drugs for as long as you have your CDL , whether working in this field or not.

See—we are held to a higher standard, like Kearsey pointed out. This goes in our personal vehicles also, and they should have taught you this when you got your CDL.

If they did not (yes I know this is impossible), now you know.

I hope things look up for you soon OP. And NEVER take any drug, even OTC (without checking w/your doc for side-effects), for as long as you have the CDL.

It is what we must do, as there are idiots out there killing people.

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.
Ryan B.'s Comment
member avatar

Not sure if your particular driving job required a medical certificate, but if it did, part of the medical certification pertaining to operation of a CMV is to be free of any emotional or psychological issues that may interfere with the ability to safely operate a CMV.

My personal and non-professional opinion is that your delusional thoughts and paranoia pose a real danger to the public when you are operating a CMV. Davy suggested that you seek professional help. I think that should be your primary focus. I don't think you need to be back in a CMV. Mental health is physical health. Take care of yourself. Make yourself your top priority right now.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
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