Post Accident Drug Testing

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Pam J.'s Comment
member avatar

Slipped on the step getting off truck. Told trainer. She decided I wasn't hurt. This was at noon on Friday. Finally got off truck Saturday night. Called coordinator Sunday n left message. One person claims said a test wasn't required. Other said it was. Had to go to my own doctor in Houston. Claim wouldn't be honored because not timely reported. Ended up driving back to Lancaster to do drug test and physical. They gave me a piece of paper to do a physical at another clinic. This really spooked me so I went home n let them know I thought I needed advice. I got a discharge for a DOT Refusal of drug test.

FMCSA 382.303(h)(1) is exception to post accident resting rule when "departing or alighting" parked motor vehicle."

Anyone run across this before?

Wish the admin at Swift could make up their minds. Looks like all the work, time and money was for nothing.

Can I dispute this?

Thanks for your help!!!

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.

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.
Donald M.'s Comment
member avatar

Slipped on the step getting off truck. Told trainer. She decided I wasn't hurt. This was at noon on Friday. Finally got off truck Saturday night. Called coordinator Sunday n left message. One person claims said a test wasn't required. Other said it was. Had to go to my own doctor in Houston. Claim wouldn't be honored because not timely reported. Ended up driving back to Lancaster to do drug test and physical. They gave me a piece of paper to do a physical at another clinic. This really spooked me so I went home n let them know I thought I needed advice. I got a discharge for a DOT Refusal of drug test.

FMCSA 382.303(h)(1) is exception to post accident resting rule when "departing or alighting" parked motor vehicle."

Anyone run across this before?

Wish the admin at Swift could make up their minds. Looks like all the work, time and money was for nothing.

Can I dispute this?

Thanks for your help!!!

If you have been terminated you can follow the dispute resolution policies in your company handbook; but I suspect that you won't get any results.

Your claim is there was an accident; and the company most certainly has a call for "for cause" drug testing. Those policies ALWAYS have a termination clause for failure to comply.

The only real question is why have your own doctor do it. That's what confuses me. It's usually a testing company (Quest Diagnostic, etc)

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.

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.

HOS:

Hours Of Service

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

For the 2 and a half years before I was an official OTR driver, I was a Truck mechanic at the same company. One day after changing out a bad shifter knob, I was exiting the drivers side with my canvas tool bag in one hand, the other hand on the outside grab bar, one foot on the top step, going down with my other foot for the botom step. (Yep, was the last time I Did'nt follow the 3 Point Rule). My foot slid off/missed the botom step, my inertia pulled me down off the truck, landed with a rolling motion on my back, the back of my head bounced off the concrete hitting my head against a fender of a car trailer when it came up. I ended up needed 6 stitchs across my right eyebrow. Safety had some one drive me to their workmans doctor clinic. The First thing they did before they stitched me up was make me take a Pee Test,, Really,, I'm still not sure if it was because I worked for a DOT trucking company OR they just wanted an out (if I failed) for a workmans comp law suit...

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

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.

Rolling Thunder's Comment
member avatar

For the 2 and a half years before I was an official OTR driver, I was a Truck mechanic at the same company. One day after changing out a bad shifter knob, I was exiting the drivers side with my canvas tool bag in one hand, the other hand on the outside grab bar, one foot on the top step, going down with my other foot for the botom step. (Yep, was the last time I Did'nt follow the 3 Point Rule). My foot slid off/missed the botom step, my inertia pulled me down off the truck, landed with a rolling motion on my back, the back of my head bounced off the concrete hitting my head against a fender of a car trailer when it came up. I ended up needed 6 stitchs across my right eyebrow. Safety had some one drive me to their workmans doctor clinic. The First thing they did before they stitched me up was make me take a Pee Test,, Really,, I'm still not sure if it was because I worked for a DOT trucking company OR they just wanted an out (if I failed) for a workmans comp law suit...

They just needed to make sure drugs were not a contributing factor in the injury. It covers their butt and yours. Why they made you whiz before fixing you up is questionable though. They do have the right to let you go for refusing to go where they sent you for a drug test. It is counted as a refusal which usually causes an immediate termination. I would talk to whomever made that decision and see if it can be smoothed out before taking it past the point of no return. Keep in mind this will go on your DAC report and follow you for the rest of your career.

"The DAC employment report contains items such as number of accidents, reasons for quitting or why they were fired, if they are eligible for re-hire, type of driving, commodities hauled, types of trailers pulled and MUCH more."

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

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.

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.

Old School's Comment
member avatar

Pam, I'm not sure I followed the complete scenario. It is a critical issue if you refuse a drug test though. As a CDL holder you agree to random drug testing, and it will certainly happen after any type of accident. This will be a huge black eye on your resume. I would start immediately (by start I mean find an attorney who works in this industry) to see if you can clean this off your records. A refusal is reported as a failed drug test.

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.
Pam J.'s Comment
member avatar

Pam, I'm not sure I followed the complete scenario. It is a critical issue if you refuse a drug test though. As a CDL holder you agree to random drug testing, and it will certainly happen after any type of accident. This will be a huge black eye on your resume. I would start immediately (by start I mean find an attorney who works in this industry) to see if you can clean this off your records. A refusal is reported as a failed drug test.

Already talked to an attorney. Problem on this one is they didn't request test til 3.5 days after accident. Told me they wouldn't honor claim because not timely reported. Yet they insist on a test after 32 hour requirement. All because trainer didn't notify the company.

Telling DOT it wasn't post accident. Random. So they rely on timeliness to deny claim yet ignore 32 hour rule, then call it something else.

I would do hair follicle test but they already discharged me.

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.

Pam J.'s Comment
member avatar
double-quotes-start.png

Pam, I'm not sure I followed the complete scenario. It is a critical issue if you refuse a drug test though. As a CDL holder you agree to random drug testing, and it will certainly happen after any type of accident. This will be a huge black eye on your resume. I would start immediately (by start I mean find an attorney who works in this industry) to see if you can clean this off your records. A refusal is reported as a failed drug test.

double-quotes-end.png

Already talked to an attorney. Problem on this one is they didn't request test til 3.5 days after accident. Told me they wouldn't honor claim because not timely reported. Yet they insist on a test after 32 hour requirement. All because trainer didn't notify the company.

Telling DOT it wasn't post accident. Random. So they rely on timeliness to deny claim yet ignore 32 hour rule, then call it something else.

I would do hair follicle test but they already discharged me.

I couldn't figure out how to post to the public side earlier, but I did show up at the Lancaster terminal as agreed to do a physical and drug test. They told me to go to another clinic with written instruction for physical. Instructions were on that same paperwork for drug test and there was nothing checked.

I was afraid of the physical not the drug test. I was afraid that the clinic would have a semi in the parking lot they wanted me to pick up. Not the push down on my hands, your hearts beating you're hired kind of physical.

I didn't want to hurt myself again.

I did 3 points of contact. Once I slipped off I never let go of the top handle. If I hadn't hurt myself I would have probs been laughing my head off. I mustve looked like a rag doll swinging off the side of the truck.

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.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

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.

Stevo Reno's Comment
member avatar

Well, sounds funny the trainer was there with you at the time? So why don't she back you up? Since she would know more or less if you had drank or whatever. Red flag to me, is going home "so I went home n let them know I thought I needed advice" Would possibly look like buying time to get whatever out of your system, even though you may not had anything.

I had it at Ford dealer, worked on a city bus, in the heavy line bay. Well the roll up door was lowered, I'm guessing by the mop up guy, becuz last I seen it was up fully. I get in the bus to back it out of the bay, with my foot on the brake, idling back, when WHAMMO! I run into bout 4 feet of roll up door. Right then and there, the supervisor got a lead guy to run me down to the clinic for a pee test.

I'm like ok whatever, you guys know I don't drink, or do dope, spend your money ;) Most jobs I've seen the same thing, immediately they run them down to test. Worked with a coke head, he got sent this one night for drug test, well, parts guy takes him, (they are buddies) so he made a detour by his house, and had his wife donate the sample. We found out later, he was Pregnant !!! and now jobless hahaha

Pam J.'s Comment
member avatar

Well, sounds funny the trainer was there with you at the time? So why don't she back you up? Since she would know more or less if you had drank or whatever. Red flag to me, is going home "so I went home n let them know I thought I needed advice" Would possibly look like buying time to get whatever out of your system, even though you may not had anything.

I had it at Ford dealer, worked on a city bus, in the heavy line bay. Well the roll up door was lowered, I'm guessing by the mop up guy, becuz last I seen it was up fully. I get in the bus to back it out of the bay, with my foot on the brake, idling back, when WHAMMO! I run into bout 4 feet of roll up door. Right then and there, the supervisor got a lead guy to run me down to the clinic for a pee test.

I'm like ok whatever, you guys know I don't drink, or do dope, spend your money ;) Most jobs I've seen the same thing, immediately they run them down to test. Worked with a coke head, he got sent this one night for drug test, well, parts guy takes him, (they are buddies) so he made a detour by his house, and had his wife donate the sample. We found out later, he was Pregnant !!! and now jobless hahaha

Can't depend on trainer she was in terminal applying for another job. Besides all that I think she was still ****ed at me for threatening to throw her cell phone out the window. Driving on my code on ice made me very nervous. Almost as nervous as when she jumped behind the while i was trying to GOAL while backing into a spot at love's and hit the trailer behind us. That exchange is unmentionable.

For all that woman put me through (it goes on and on), I was able to do Donner and Grapevine after a week into training. Not only proper braking technique, but that's where I learned that CONTROL means speed, weight, geography, weather conditions, paying attention and making good driving decisions.

Several folks in Carrizo Springs Tx have me to thank for saving their lives. Yes, I will take that atta girl.

2 lane highway. Late on Friday night. 70 mph. I'm governed at 62. They start stacking up behind me. Then I count the headlights behind me and the 4th set decides he is going to pass everybody. Climbing a hill. I knew he couldn't make it in time before we crested. I started slowing down n downshifted to 8.

Anybody want to play this one through?

Got to the top. Semi headlights pop up. He swung in so close it set the snitch off n the semi coming in the other lane swished by hauling ass (must've been an o/o LOL).

Trainer said well, I guess he needs to change his underwear. Almost mine too. You did that perfect!!

For all the hell she put me through, I am equally as grateful that she taught me the true meaning of being a GOOD driver.

These are the stories no one hears about. All that's reported are the screw ups by screw ups!!!

Goodnight. Y'all be safe.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

OWI:

Operating While Intoxicated

Brett Aquila's Comment
member avatar

Pam, this is one of those circumstances where it sure would have been helpful if you would have let us know what was going on before you made any career-altering decisions. Getting terminated for a refusal to take a drug test is about the worst thing that could have happened for your career. Unless you can get this removed from your record I don't know how you're going to find another job. It's going to be next to impossible.

The first course of action is to try like mad to get this worked out with Swift. I have no idea if that's possible or not. If it is, get back there and get to work. If you can't get re-hired there then try to make sure they don't list this as a failed drug test. Again, I really have no idea what your chances are of making that happen.

I'm afraid at this point there isn't much we can do except cheer you on and hope things work out for the best.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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