Failed Drug Test From Former Employer

Topic 6474 | Page 2

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Keith D.'s Comment
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being it was not a truck driving related job is it possible for them to find out this information if you did not tell them. i wonder if putting you quit the job or not even telling them about that job unless you worked there for some time would have changed there decission.

It was for a while.

Dave C.'s Comment
member avatar

being it was not a truck driving related job is it possible for them to find out this information if you did not tell them. i wonder if putting you quit the job or not even telling them about that job unless you worked there for some time would have changed there decission.

It was for a while.

i would try and cover that up i thought they find out about it.

Dave C.'s Comment
member avatar

double-quotes-start.png

being it was not a truck driving related job is it possible for them to find out this information if you did not tell them. i wonder if putting you quit the job or not even telling them about that job unless you worked there for some time would have changed there decission.

It was for a while.

double-quotes-end.png

i would try and cover that up i thought they find out about it.

*doubt

Jose C.'s Comment
member avatar

I need some helpful advice I was at Stevens and got kicked out I told them about my failed drug test that happened bout 4 years ago and they told me that DOT would not let me drive for them dose anyone know of a company that might give me a chance so that I can apply I have a permit but am still missing my driveing test

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.

Dave D. (Armyman)'s Comment
member avatar

Well, I think HireRight, works for two different types of employers.

They do the DAC for trucking companies, and I think they do the things for retail companies. In other words, if you were fired, because they thought you were skimming off the top, or committing some sort of fraud or failed a drug test, etc., HireRight probably knows about it.

Dave

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.

Annee's Comment
member avatar
Great Answer!

Failed drug tests do not come under the HIPPA laws. Failed drug tests are indicators of illegal activity, and are easily accessible.

I have to disagree here. I've worked in the staffing industry for about 30 years and during most of that time was responsible for drug testing. We would drug test our employees before sending them to the customer site and if there was a fail, we were never to give out the reason for the fail. Along with the drug test, we also did background checks so all the customer was told was the employee did not pass the pre employment screening. We never gave details, never. If the company decided to hire this person from us, they would then do their own testing.

I do believe this is a privacy issue regulated under HIPAA but even if it isn't, drug tests results are never put into a database for other's to see. This is standard for all staffing companies with thousands of employees so I can't believe smaller companies would post results somewhere into some massive database. Besides, there is no such database unless you're talking about government.

New Beginning's Comment
member avatar

You can go on hire rights web site and request a file on yourself. I did it a couple years ago and it was free. They mail it to you. I think it's a good idea for everyone attempting to be a truck driver to find out everything they can about themselves that others might find out. That way you will know how to answer any questions you might have to.

Larry B. 's Comment
member avatar

There is no such thing as a "failed drug test data base"

Brett Aquila's Comment
member avatar
Great Answer!
There is no such thing as a "failed drug test database"

Nowadays there basically is. From the Drug And Alcohol Brochure For Drivers:

A positive test result or a refusal requires the driver to be immediately removed from operating any CMV on public roadways. The employer must provide you with a list of acceptable SAPs (Substance Abuse Professionals) from which to choose to begin the “return-to-duty” process. This process must be completed before a positive or refusal driver can legally return to driving CMVs for any employer, including himself.

From Annual MIS Requirements: Do motor carriers need to report their drug and alcohol results to FMCSA every year?:

Motor carriers submit MIS (Management Information System) drug and alcohol reports to FMCSA upon FMCSA request. Every motor carrier shall prepare and maintain their previous year’s drug and alcohol MIS report in a safe and secure location, with controlled access, and make them available for inspection when requested by authorized personnel. These records should be maintained for a period of 5 years. See 49 CFR §382.403 for more information.

Every year FMCSA randomly selects a group of motor carriers to report their MIS results. If you are selected, you will receive a notice with a username and password to file your previous year’s MIS drug and alcohol results online. If you are notified by FMCSA to report your previous year’s MIS results, you are required to formally submit your MIS drug and alcohol results to FMCSA. See §382.403 reporting of alcohol and controlled substances testing program results in a management information systems. FMCSA expects a 100% response rate from motor carriers selected to report their previous year’s drug and alcohol testing results Motor carriers that don’t respond to the notice requesting submission of MIS results may be subject to civil penalties of up $1,000 dollars per day that the motor carrier fails to comply.

From the Overview Of Employer Requirements:

Will my results follow me to other employers?

Yes, your drug and alcohol testing history will follow you to your new employer. Employers are required by law to provide certain records of your DOT drug and alcohol testing history to your new employer, only when you sign a specific written release regarding that information. This is to ensure that, when necessary, you complete the return-to-duty process and your follow up testing program.

- See more at: http://www.transportation.gov/odapc/employee#violate

So failing a drug test will not only be recorded but you'll be required to see a Substance Abuse Professional and get cleared to return to duty.

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.

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

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

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.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Larry B. 's Comment
member avatar

Those are DOT driving jobs. The OP was asking about failed drug test (ie, Walmart) prior to CDL in which no database exists.

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.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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Background Checks Choosing A Trucking Company CMVSA DAC Reports Dealing With The Boss Drivers Past Legal Issues Drug and Alcohol Testing
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