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ladyofthelke

This is my first post and my husband and I are in crisis mode.

Husband had a small auto accident while on the job on Thursday. His employer did not ask for him to be drug tested from the scene of the accident and he came home upset about his day but did not believe a drug test was an issue. The next day his employer requried him to go for a post accident urine drug test. My question is - How can a drug test a day after an auto accident incriminate a person for being mood altered at the time of the accident. Do we have any legal recourse here? The company does not have a drug testing policy for his labor position. They did make a policy for a driver of a company vehicle (even non CDL employees) doing more than a 1000 dollars of accident damage to pay the first 1000 dollars and to have a urine drug test. I believe they heard that the small cup size dent in the other car estimate will cost 1400 dollars the day later and then made my husband have a drug test to try to prove him more responcible for a wrong move. My husband has never smoked on the job. He was not mood altered at the time of the accident. The police had no consern with this subject at the time they wrote him a ticket for a minor traffic violation. Unfortunately my husband was a chronic smoker and is a large man at 298 lbs. and only had a few hours for dilution prior this happening to him on Fri. any input would be appreciated.

Lisa

 

goodcitizen

What a bummer- I doubt you would have any legal recourse but I am not a lawyer. I hired 3 lawyers in the last year and the cheapest one was $300 so you need to have bucks to get a consultation quickly. My thought is that if it is a published company policy to have a drug test after an accident you all will not be successful fighting it. I agree it is hugely unfair. There are many examples on this site of such things happening to other otherwise innocent pot smokers- bottom line is the law is unfair and out of touch with reality. Good luck to you and your husband and just know you have lots of sympathy with your dilemna.

Highanxiety

I just went throught the same thing and was terminated! And in the accident I WAS REARENDED, meaning I was not at fault at all! The damage was definitely under $1000 too.

I really feel for you on this. I would say his chances are not too good at passing and that to fight it! Hopefully his company has a little more compassion than mine did and will allow a retest if he disputes the results. If the testing company calls him to confirm he failed you can contest their results but they don't really give a rat's butt one way or another. The ones you want to give hell to is his employer. If he has never had any trouble before maybe they will let him try again.

Then get ready! Hopefully he can find a way to dilute but the best bet is substition.... (I hope, as I am in the middle of getting some in the mail and haven't tried it yet. Just trying to get ready for pre-employment testing.) And when they find out they are not going to wait, he will have to test that same day.

As for time, I had my test on a Friday and got the results back the next Wednesday so look at a 3 business day window. I knew I was hot so I had time to make some plans and so do you. Unfortunately I wasn't given the chance to retest but I hope you will be as I know exactly how you feel.

P.S. My accident happen at 7:45 am and I was DEFINITELY not under the influence as I only toked after work and weekends. The being penalized for something you are not under the influnce of at the time of the mishap is what sucks!

ladyofthelke

Thank you for the replys. I am getting the feeling since the 2 other times this has happened they have had to send the employees immediately to the hospital to give a post accident urine drug test sample, that my hubby may have a case to say a friend offered him some anxiety relief the night after the accident. In the past when their CDL drivers have given postives on random tests they had to offer them a second chance with counseling and abstinence. My husband stopped smoking yesterday and has made a logical commitment to his job and our livelyhood as the priority over reefer. It is a shame to see him in this postion. If they fire him we are going to have a huge amount of difficulty because I have not worked in several years due to illness and the fact that we are down to one car. Of course I must add some honesty to our group here - the irony in all this is my profession of 18 years aside from the last three years I have been on Sabatacle is a highly credentialed Addictions Counselor. So I have dedicated my life career to helping those who truely desire help with more serious substance abuse problems! UGH At least I can feel good about the fact that I have had several opportunities to pubically voice against the "war on drugs" and place votes to legalize marijuana. Fat lot of good that does me now! The lab told my husband they would call us on Monday if there is an issue. Hubby was able to use exteme detox drink 2 hours before the test and lots of water, he also knew to give mid stream, we both have also taken mega vitamins for years including high B complex. He was able to take the complex vitamins 1 hour before the test along with his quarts of water but my pesimisim is knowing that he had a toke 5 hours before the test and his size along with the time and amounts that have been in his system.I am pretty sure the test is EMIT and he did not know to take aspirin. I will post the results after I learn what power my prayers have had. I totally appreciate the support in this forum and now that I found it no matter what my hubbys issues are I will continue to log on to see what I can offer to help.

brooklynyte

I dont really have anything to say other than I give you my condolences and just keep your head up. The world is one f'ed up place.

 

ladyofthelke

I just want to update on the story with our news today. My husband failed. The detox drink and diluting was not enough for the extent of his situation. This past weekend has been hell for us as we have felt suspened in time and fear while waiting for the results. Now that we know he faces consequence we are able to talk about ideas on coping with that so we are feeling better. His Union Rep stopped by to fill us in and it looks like his company actually has a 3 strike policy so we are feeling better that he most likely will not be fired and we will be able to keep our benifits but it is going to cost us some bucks and it cost my hubby a huge reality check about reefer consequences in society. He is very sad to have to be giving it up for a job of such low pay but while many in the world struggle jobless he has some graditude for employment and health insurance. In a matter of a few days of the fear, he has already come to conclusions on the bright side. One is at least he won't have to be hiding from society anymore. Both of us will always believe that marijuana needs to be legalized.

KonaGirl

What a bummer.

I guess if he does get by with the three strikes policy, he's going to be random tested up the wazoo anyway.

It just really pisses me off that high functioning, otherwise law abiding citizens have to be subjected to such scrutiny. You seriously are better off being a crack head when it comes to the pee tests.

I'm living your stress now and know how hard this is. It's just not right.

My prayers are with you and your family.

All the best to you.

YouLiveAndLearn

I hope everything goes well in your situation...

If they really wanted to get the type of results they were looking for they should have blood or saliva tested your husband at least in my opinion since he COULD have smoked several weeks before and still failed that urine test. Blood tests on the other hand have a maxium detection time of 72 hours and saliva only 48 hours. Once again good luck with everything...

Big Dre

__________________
Last Smoke: 9/8/05 6:45pm
Days Clean: 0
Days Left on Probation: F*ck Probation
Drug Tests Passed: 4

^I'm FREEEEE!!!!^

ladyofthelke

Thanks guys, Your thoughtfullness is appreciated as right now hubby is having exteme bouts of sadness. He has even gone through waves of panic today as the anxiety of this really spirilled on him. I am sure he is feeling worse now as he knows he will be facing the big guns in just a short time, tomorrow. It is so hard to see this happen to him. I wish I could do more to help him. I am sure we will be able to look back on this with just shaking our heads about it one day but now it is not that day. I'll post the results of his consequences tomorrow and thanks again. Blessings,

Bodhi36

My heart goes out to yall- this really sucks and it isn't right. there's no urine test for laziness or mediocrity or bad work ethics and yet they break bad on you for smoking a little weed it's rediculous. I know I'm preaching to the choir here but it just makes me mad. You tell your husband to hold his head high tomorrow- we're with you.
Bodhi36