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Leagilizeit

Does anyone out there know anything about the D.O.T laws and regulations?
I refused a test because of extenuating circumstances observed test( collector made me feel very uncomfortable) and now its runing my career.( commercial diver)
I left that company on my own. And hired on with a new company and just got a call yesterday that they cannot hire me because of the last companys D.O.T. drug testing report has that I refused a drug screen. They informed me that I could not be hired for a period of 1yr from the date of offense and in addition I have to attend some sort of rehab program. I was told when I left the last company that the test I refused was a NON D.O.T test and they are not allowed to disclouse that information to anyone. But now this. I am so lost I do'nt know what to do. How can it be that they can take my career away from me for 1year for refusing to take a test? They collector touched me on the shoulder while folling me to the bathroom then when i went to give the sample he told me no I had to turn around and face him and do it! Sorry but I was not going to do that with him staring at me.

 

IceFire

That is terrible. I don't know how to help you, but good luck.

By the way, you said you are a commercial diver?

This fascinates me that you have such a career. I have always been fascinated with being under water.

When I was in College about 2 years ago, I signed up for an "Advanced Open Water Scuba" course. There were no prerequisites. I got through the whole thing but never went to the check out dive(because I was very irresponsible at the time) and regret that, and therfore got no credit.

Have been diving one time since then and it still fascinates me.

Right now I am living in my apartment and working at a lamp/lighting shop but I would gladly get paid to dive. How can I do this as a career?

I have been planning on taking am open water scuba course again this summer actually. But I remember during my college advanced open water course that the instructor said there are alot of unscrupulous schools out there that will not teach you thoroughly enough or very poorly and to be careful. I would rather be trained well and thoroughly by knowledgable instructors.

Do you have any advise for me?

I'm sorry I can't help you with your legal issue regarding the drug test.
I am sure you have more pressing concerns on your mind at this time. You don't have to respond to my question if you can't do so right now.

But that really has always fascinated me.

But I am sure you could somehow win this in court. It sounds like you had a good reason to refuse the test(due to comfort reasons).

Perhaps you can opt to take one again and in a more controlled environment.


Good Luck.

Niteshift

Um, IceFire, that was a typo on his part.........he's a commercial DRIVER, not diver. (DOT= Dept. of Transportation)


Leagilizeit:

If they reported it that way, it will probably end up taking you more than a year to get it untangled (assuming there is actually anything to untangle). Wheels grind VERY slow in that bueracracy.

As for the collector requiring direct observation, that is legal and acceptable. And I know what you feel like, I've had to give many test samples under direct observation. The Army was the worst. We had to do pants down to at least the knees and shirt pulled up to your chest/armpits for a while. (one of the guys decided to write the battalion motto across his ass to show what he thought about it )

Unfortunately for you, commercial driving is a HIGHLY regulated field with a TON of laws that sometimes trip up even the most careful people. I say this after being raised by a 28 year truck driver and pretty much growing up around truck stops and drivers..........and now one of my specialities is commercial vehicle enforcement (but I'm pretty slack on it).

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

Cassius

I'm an IT professional, but I work in the trucking industry. Here are my thoughts:

Who told you that it was non-DOT and non-disclosed from the previous company? I would contact that person/company, see if they still stick by what they said. If they do, they might be able to help you, if not solve the problem at least find out exactly what happened and why the private test was put on a DOT report. If they deny it, they won't be of any help to you and there's nothing you can do about it, simply because the person who told you that might have been wrong/mistaken or might not have had the authority to either know the answer or tell you what he told you.

As for the new company and not being hired for a year and the rehab program, that sounds like that company's POLICY to me. It's not any kind of regulation I'm aware of. Which means that you should be able to get a job at another company, just keep looking around until you find someone that either has a more lenient policy and/or will believe your explanation of the situation and cut you slack personally.

Niteshift is right though in that there are too many regulations to count, and I may be mistaken about it being that company's policy instead of a regulation. As much as I sympathize with your plight, I have to say that you really should have sucked it up and just given the sample -- refusing a drug test really looks bad, ESPECIALLY if the test is being taken in regards to your CDL.

You say you left the old company on your own -- is this just your opinion, or fact? Does that company believe that your termination of employment had anything to do with your refusing to take the test? Or did they let you get away with the refusal, and then you quit the job at some point further down the road? Regardless of whether you THINK you quit on your own, if the old company believed that your termination was because of your test refusal (i.e. if they consider you to have been forced to resign or something similar), then it's very possible that THEY are the ones who caused all the problems for you by giving out that test-refusal information to either the DOT and/or the new company directly. It's also possible that the new company called the old one to verify your employment there and ask about your history, and someone there then told them about the test refusal, perhaps believing that you resigned because of it without understanding how the situation actually happened.

Nevertheless, I'm going to e-mail our safety department with your post and ask them about it. They will be able to give me more definite answers as to the regulations and whether that 1-year no-hire and rehab thing is an actual DOT regulation or if it's just the company's policy. I'll let you know as soon as I find out anything for you.

Leagilizeit

No he was right I'm a comercial diver aka deep sea diver
and after speaking with the company that reported the information they sent me a corrected pink slip that said I voulantary quit. I met with the head saftey guy and the head human resources guy. That is when they told me it was a non D.O.T test and I have nothing to worry about as far as future employment. The real crappy thing is the same day 4 other people actually failed and 2 of them have empolyment at the same company that says they cant hire me because of my refusal to test. Im so frustrated. If it was a D.O.T. test shouldnt I have been told so and also that refusal to test meant all this could happen. If I knew that now I would've given a sample I was clean but that guy gave me the creeps especially after touching me on the way into the bathroom. I had never failed a drug test in my 8 yrs with the company and this is how it goes down.That sucks. Thank guys and gals for all your input. I am considering contacting a lawyer. Im just so shocked all this even happend.

 

Leagilizeit

Just spoke to company that made me take the test. they informed me that the test was a non D.O.T. test but since the first sample was not in tempature range that the observed 2nd sample was a D.O.T. test.(Which I refused due to the collector touching me on the shoulder on the way in to the bathroom then telling me that I had to turn around and face him directly.) Shoudn't I have been informed that it was a D.O.T. test and the consequences of refusing to test? Is there any possible legal action that I can possibly take? This is really starting to bottom me out. I have'nt been able to find a job in my field for 3mths now. Im not a bad person, but am being treated worse than a criminal. Can anyone please offer any suggestions or comments.

Niteshift

That's unusual to me. I know a number of commercial divers that have little if anything to do with the DOT. Do you guys have some sort of contract of something that puts you under their jurisdiction?

Leagilizeit

We work on piplines in the gulf so they consider pipelines a form of tranportation

Niteshift

That would explain it.

metrodriver

Subpart I—Problems in Drug Tests
§ 40.191 What is a refusal to take a DOT drug test, and what are the consequences?
(a) As an employee, you have refused to take a drug test if you:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a));
(2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see §40.63 (c)) for a pre-employment test is not deemed to have refused to test;
(3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; Provided, That an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see §40.63 (c)) for a pre-employment test is not deemed to have refused to test;
(4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see §§40.67(l) and 40.69(g));
(5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2));
(6) Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for instance, §40.197(b));
(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test; or
(8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process).
(b) As an employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
(c) As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT agency regulations for a violation of those DOT agency regulations.
(d) As a collector or an MRO, when an employee refuses to participate in the part of the testing process in which you are involved, you must terminate the portion of the testing process in which you are involved, document the refusal on the CCF (including, in the case of the collector, printing the employee's name on Copy 2 of the CCF), immediately notify the DER by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received. As a referral physician (e.g., physician evaluating a “shy bladder” condition or a claim of a legitimate medical explanation in a validity testing situation), you must notify the MRO, who in turn will notify the DER.
(1) As the collector, you must note the refusal in the “Remarks” line (Step 2), and sign and date the CCF.
(2) As the MRO, you must note the refusal by checking the “refused to test because” box (Step 6) on Copy 2 of the CCF, and add the reason on the “Remarks” line. You must then sign and date the CCF.
(e) As an employee, when you refuse to take a non-DOT test or to sign a non-DOT form, you have not refused to take a DOT test. There are no consequences under DOT agency regulations for refusing to take a non-DOT test.
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41953, Aug. 9, 2001; 68 FR 31626, May 28, 2003; 71

U.S. Department of Transportation/ Office of the Secretary of Transportation/ Office of Drug & Alcohol Policy & Compliance