WERNER ENTERPRISES TOLD ME THAT MY DRUG TEST WAS POSITIVE BUT IT IS WRONG, NOW I CAN NOT GET A JOB THEY HAVE RUINING MY CAREER OMAHA Nebraska

...you absolutely make it necessary sometimes.

Steve Stated: "But, in short, I never said the retest was not going to be at his own expense,
DID I? NO. I did not."

My Response: And my information on that point was not necessarily addressed to you. That was general information to anyone who wanted to be aware of the process, and who is responsible for the costs associated with any followup testing.

The problem isn't in what you failed to state. The problem was in the things you DID state.

I was very specific in my challenge to you, in that there is no right to demand a retest that involves blood or hair follicle testing. The ONLY recognized testing samples that can be used for determining illegal substance use, according to the FMCSA R&R's, are urine samples. Further, the only sample that can be considered for the purposes of contradicting an almost impossible false positive, is the split-sample taken at the same time as the one that was initially found to be positive for illegal substances.

Testing performed at a later time, regardless of the methodology and the nature of the samples used for testing, is almost useless evidence as I stated yesterday. The only possible use for such a test would be to attempt to disprove marijuana use, and then only would be useful in a court proceeding, if one were to take their protestations that far, to again...attempt to cast doubt on the highly incontrovertible and damning evidence of the positive urine test.

The DOT does not recognize testing performed at a later point and time as a means to discredit a positive result, and an MRO will likely discount delayed testing as well, for that very same reason.

The only substances tested for are Marijuana (THC metabolite), Cocaine, Amphetamines, Opiates (including heroin), and Phencyclidine (PCP). All traces of those illegal substances, with the exception of marijuana, will be eliminated by the body within 24-48 hours through natural elimination processes performed by the body.

You Stated: "Second, if those results are reported to DAC / USIS he is entitled to the grievance process I stated."

My Response: I let that slide yesterday, but since you brought it up again...

USIS/DAC Services, Inc. does not report third-party drug and alcohol testing results. It is patently illegal for USIS to do so. That information must come directly from the former employer, and they are only allowed to release such information to the prospective employer upon receipt of a faxed release form, signed by the driver on the prospective motor carrier's premises. When inquiries are made to past drug testing, the prospective motor carrier is required by law to attest on that release form that the driver signed his portion of the form in front of a motor carrier official, and that the former employee is on that motor carriers property.

Steve then offered: "Third, The OP did not give enough information on the specifics for me to be more specific. I was throwing ideas and alternatives out there for him to get him thinking."

So you did what?...you threw out totally incorrect information to achieve what purpose? I suppose in your mind that it's a-okay to get someone to start thinking about things, by offering misinformation, so that they will be left totally confused.

And of course, Steve offers: "Fourth, you don't know as much as you think you do."

My response: Everything I ever offer can be verified. It's a shame that you refuse to take the time to do so, for your own well being.

Steve finally quips with: "Hair follicle testing can tell many things for many years."

My response: On the contrary. The fact of the matter is that any substance not naturally found in one's hair, takes 10-14 days from it's introduction into your body to reach hair follicles and after 90 days, any chemical compositions of the substance begin to break down, rendering it useless for detection purposes. It is not instantaneous, nor is it there for as long as your hair is in your head.

If you smoke some weed today and continue to do so at regular intervals, in about two weeks traces of that weed will begin to show up in your hair. Thus, if your hair is tested within a week of smoking that weed, it likely will not be detectable in your hair follicles. If you refrain from smoking any weed for three months, it is very likely that it will not be detected as well.

Anthony, there are so many different avenues here, I will not go into them as I have not even had my first cup of coffee here.

But, in short, I never said the retest was not going to be at his own expense,
DID I? NO. I did not.

Second, if those results are reported to DAC / USIS he is entitled to the grievance process I stated.

Third, The OP did not give enough information on the specifics for me to be more specific. I was throwing ideas and alternatives out there for him to get him thinking.

Fourth, you don't know as much as you think you do.

Hair follicle testing can tell many things for many years.

You stated that he had a right to "DEMAND a re-test where they will have to comply and they will then do blood test and/or hair follicle testing?"

No one has such a right. The rules are black and white, and you can read them very easily by perusing the FMCSA website.

When you are notified of a positive result by the lab who screens the urine sample, you can...at your own expense in most cases, request that the standard DOT required second split-sample, taken at the same time of the one that was found to be positive, to be re-screened for accuracy. The company is required to provide to you the contact information of the approved Medical Review Officer (MRO) when they are aware of a positive result, and the MRO is the only person to whom you can make the request to have the split-sample retested. You are also the only person who can make such a request to have the split-sample retested

If you want to subject yourself, again at your own expense, to more thorough testing to prove that you are clean of illegal substances, such as through the providing of blood and/or hair, you are free to do so, but it will likely be proof of nothing, and it will cost you a great deal of money.

Some illegal substances do not remain in the body for long periods of time, so countering a positive result with any tests taken beyond any time lapse of less than mere hours after the sample taken that came up positive is rather pointless. Marijuana is about the only drug that has long lingering traces that can be found for days, weeks, or even months after it's use, and then only if it is used routinely and for long periods of time. It will be up to the MRO to decide whether or not followup testing of any nature is proof of, or exculpatory evidence of drug use.

If the split-sample is determined to be positive, then there is only one course of action that can be taken beyond that point by the driver if he ever wants to drive a truck again, and this is the case whether the company terminates you or not. You will have to go through a complete return to work program through a Substance Abuse Professional (SAP), and it will take many months to be considered to be qualified to drive a commercial vehicle again. You will be educated to the dangers of drug use. You will subjected to surprise drug test after drug test, and you will be observed by someone else while you give every urine sample. It will cost you a bunch of money to go through such a program. Even after going through the program, your chances of driving for many companies...ever, are next to nothing.

If that second sample comes up negative, it will be completely up to the MRO to determine the what's and why's as to how the first sample came up positive, and it will be his or her call whether or not to exclude the first positive result. More often than not, they will err on the side of caution, and require the driver to go through the return to work program anyway.

The bottom line is this; The second you are notified that you have come up positive on a drug test, you will know immediately two things. You are going to have to pay out untold amounts of money to clear your name, and it will be no less than several months to that of several years before you will be able to drive a truck again.

If anyone happens to have the almost impossible thing to occur, and they are found to be positive for the use of illegal substances, and they are absolutely clean, the first thing they should do is to contact an Attorney specializing in employment law to protect your rights beyond that point and time, and you should do exactly what he or she tell you to do.

The second thing to do would then be to contact the MRO and do exactly what they advise you to do as well, but understand that the MRO will not necessarily be looking out for you, or your interests. Whatever you do, have that second sample re-tested. The costs of re-screening will likely have to come out of your pocket, and those costs will have to be paid up-front in most cases, but it is your only chance to escape an automatic determination to be a positive user of illegal substances, and it is your only hope to escape...again...an almost impossible chance of a false positive.

You stated that he had a right to "DEMAND a re-test where they will have to comply and they will then do blood test and/or hair follicle testing?"

No one has such a right. The rules are black and white, and you can read them very easily by perusing the FMCSA website.

When you are notified of a positive result by the lab who screens the urine sample, you can...at your own expense in most cases, request that the standard DOT required second split-sample, taken at the same time of the one that was found to be positive, to be re-screened for accuracy. The company is required to provide to you the contact information of the approved Medical Review Officer (MRO) when they are aware of a positive result, and the MRO is the only person to whom you can make the request to have the split-sample retested. You are also the only person who can make such a request to have the split-sample retested

If you want to subject yourself, again at your own expense, to more thorough testing to prove that you are clean of illegal substances, such as through the providing of blood and/or hair, you are free to do so, but it will likely be proof of nothing, and it will cost you a great deal of money.

Some illegal substances do not remain in the body for long periods of time, so countering a positive result with any tests taken beyond any time lapse of less than mere hours after the sample taken that came up positive is rather pointless. Marijuana is about the only drug that has long lingering traces that can be found for days, weeks, or even months after it's use, and then only if it is used routinely and for long periods of time. It will be up to the MRO to decide whether or not followup testing of any nature is proof of, or exculpatory evidence of drug use.

If the split-sample is determined to be positive, then there is only one course of action that can be taken beyond that point by the driver if he ever wants to drive a truck again, and this is the case whether the company terminates you or not. You will have to go through a complete return to work program through a Substance Abuse Professional (SAP), and it will take many months to be considered to be qualified to drive a commercial vehicle again. You will be educated to the dangers of drug use. You will subjected to surprise drug test after drug test, and you will be observed by someone else while you give every urine sample. It will cost you a bunch of money to go through such a program. Even after going through the program, your chances of driving for many companies...ever, are next to nothing.

If that second sample comes up negative, it will be completely up to the MRO to determine the what's and why's as to how the first sample came up positive, and it will be his or her call whether or not to exclude the first positive result. More often than not, they will err on the side of caution, and require the driver to go through the return to work program anyway.

The bottom line is this; The second you are notified that you have come up positive on a drug test, you will know immediately two things. You are going to have to pay out untold amounts of money to clear your name, and it will be no less than several months to that of several years before you will be able to drive a truck again.

If anyone happens to have the almost impossible thing to occur, and they are found to be positive for the use of illegal substances, and they are absolutely clean, the first thing they should do is to contact an Attorney specializing in employment law to protect your rights beyond that point and time, and you should do exactly what he or she tell you to do.

The second thing to do would then be to contact the MRO and do exactly what they advise you to do as well, but understand that the MRO will not necessarily be looking out for you, or your interests. Whatever you do, have that second sample re-tested. The costs of re-screening will likely have to come out of your pocket, and those costs will have to be paid up-front in most cases, but it is your only chance to escape an automatic determination to be a positive user of illegal substances, and it is your only hope to escape...again...an almost impossible chance of a false positive.

You stated that he had a right to "DEMAND a re-test where they will have to comply and they will then do blood test and/or hair follicle testing?"

No one has such a right. The rules are black and white, and you can read them very easily by perusing the FMCSA website.

When you are notified of a positive result by the lab who screens the urine sample, you can...at your own expense in most cases, request that the standard DOT required second split-sample, taken at the same time of the one that was found to be positive, to be re-screened for accuracy. The company is required to provide to you the contact information of the approved Medical Review Officer (MRO) when they are aware of a positive result, and the MRO is the only person to whom you can make the request to have the split-sample retested. You are also the only person who can make such a request to have the split-sample retested

If you want to subject yourself, again at your own expense, to more thorough testing to prove that you are clean of illegal substances, such as through the providing of blood and/or hair, you are free to do so, but it will likely be proof of nothing, and it will cost you a great deal of money.

Some illegal substances do not remain in the body for long periods of time, so countering a positive result with any tests taken beyond any time lapse of less than mere hours after the sample taken that came up positive is rather pointless. Marijuana is about the only drug that has long lingering traces that can be found for days, weeks, or even months after it's use, and then only if it is used routinely and for long periods of time. It will be up to the MRO to decide whether or not followup testing of any nature is proof of, or exculpatory evidence of drug use.

If the split-sample is determined to be positive, then there is only one course of action that can be taken beyond that point by the driver if he ever wants to drive a truck again, and this is the case whether the company terminates you or not. You will have to go through a complete return to work program through a Substance Abuse Professional (SAP), and it will take many months to be considered to be qualified to drive a commercial vehicle again. You will be educated to the dangers of drug use. You will subjected to surprise drug test after drug test, and you will be observed by someone else while you give every urine sample. It will cost you a bunch of money to go through such a program. Even after going through the program, your chances of driving for many companies...ever, are next to nothing.

If that second sample comes up negative, it will be completely up to the MRO to determine the what's and why's as to how the first sample came up positive, and it will be his or her call whether or not to exclude the first positive result. More often than not, they will err on the side of caution, and require the driver to go through the return to work program anyway.

The bottom line is this; The second you are notified that you have come up positive on a drug test, you will know immediately two things. You are going to have to pay out untold amounts of money to clear your name, and it will be no less than several months to that of several years before you will be able to drive a truck again.

If anyone happens to have the almost impossible thing to occur, and they are found to be positive for the use of illegal substances, and they are absolutely clean, the first thing they should do is to contact an Attorney specializing in employment law to protect your rights beyond that point and time, and you should do exactly what he or she tell you to do.

The second thing to do would then be to contact the MRO and do exactly what they advise you to do as well, but understand that the MRO will not necessarily be looking out for you, or your interests. Whatever you do, have that second sample re-tested. The costs of re-screening will likely have to come out of your pocket, and those costs will have to be paid up-front in most cases, but it is your only chance to escape an automatic determination to be a positive user of illegal substances, and it is your only hope to escape...again...an almost impossible chance of a false positive.

You stated that he had a right to "DEMAND a re-test where they will have to comply and they will then do blood test and/or hair follicle testing?"

No one has such a right. The rules are black and white, and you can read them very easily by perusing the FMCSA website.

When you are notified of a positive result by the lab who screens the urine sample, you can...at your own expense in most cases, request that the standard DOT required second split-sample, taken at the same time of the one that was found to be positive, to be re-screened for accuracy. The company is required to provide to you the contact information of the approved Medical Review Officer (MRO) when they are aware of a positive result, and the MRO is the only person to whom you can make the request to have the split-sample retested. You are also the only person who can make such a request to have the split-sample retested

If you want to subject yourself, again at your own expense, to more thorough testing to prove that you are clean of illegal substances, such as through the providing of blood and/or hair, you are free to do so, but it will likely be proof of nothing, and it will cost you a great deal of money.

Some illegal substances do not remain in the body for long periods of time, so countering a positive result with any tests taken beyond any time lapse of less than mere hours after the sample taken that came up positive is rather pointless. Marijuana is about the only drug that has long lingering traces that can be found for days, weeks, or even months after it's use, and then only if it is used routinely and for long periods of time. It will be up to the MRO to decide whether or not followup testing of any nature is proof of, or exculpatory evidence of drug use.

If the split-sample is determined to be positive, then there is only one course of action that can be taken beyond that point by the driver if he ever wants to drive a truck again, and this is the case whether the company terminates you or not. You will have to go through a complete return to work program through a Substance Abuse Professional (SAP), and it will take many months to be considered to be qualified to drive a commercial vehicle again. You will be educated to the dangers of drug use. You will subjected to surprise drug test after drug test, and you will be observed by someone else while you give every urine sample. It will cost you a bunch of money to go through such a program. Even after going through the program, your chances of driving for many companies...ever, are next to nothing.

If that second sample comes up negative, it will be completely up to the MRO to determine the what's and why's as to how the first sample came up positive, and it will be his or her call whether or not to exclude the first positive result. More often than not, they will err on the side of caution, and require the driver to go through the return to work program anyway.

The bottom line is this; The second you are notified that you have come up positive on a drug test, you will know immediately two things. You are going to have to pay out untold amounts of money to clear your name, and it will be no less than several months to that of several years before you will be able to drive a truck again.

If anyone happens to have the almost impossible thing to occur, and they are found to be positive for the use of illegal substances, and they are absolutely clean, the first thing they should do is to contact an Attorney specializing in employment law to protect your rights beyond that point and time, and you should do exactly what he or she tell you to do.

The second thing to do would then be to contact the MRO and do exactly what they advise you to do as well, but understand that the MRO will not necessarily be looking out for you, or your interests. Whatever you do, have that second sample re-tested. The costs of re-screening will likely have to come out of your pocket, and those costs will have to be paid up-front in most cases, but it is your only chance to escape an automatic determination to be a positive user of illegal substances, and it is your only hope to escape...again...an almost impossible chance of a false positive.

Sambo,

I feel that you should post more specific information as your post does not make sense. It may be due to the fact that you do not have a strong command of the English language. Maybe you did not understand exactly what the problem was, and maybe you relayed some communication they did not understand. It happens.

Was your CDL "expired" or "suspended"?
I ask this because you say you got it renewed. Was it expired?
There is a BIG difference between having your license suspended, or simply letting it expire. Either way, the company is LEGALLY REQUIRED to take you off the job.

You can go to the Driver's License office and get a printout of your license history, and that will show if your license was suspended.

As far as the drug test goes, you are entitled to a copy of the exact result of this test, and you also have the legal right to DISPUTE the report with DAC / USIS, and to add your statement on your report if needed.

AND, you can dispute the findings of the drug test and DEMAND a re-test where they will have to comply and they will then do blood test and/or hair follicle testing.

It appears that there may be much more to the story here.

You said that you failed a drug test. You state that you do not do drugs. What did they find in your specimen, that they say is a drug?

You said that you failed a drug test. You state that you do not do drugs. What did they find in your specimen, that they say is a drug?

You said that you failed a drug test. You state that you do not do drugs. What did they find in your specimen, that they say is a drug?

You said that you failed a drug test. You state that you do not do drugs. What did they find in your specimen, that they say is a drug?