failed pre employment drug test

[Southern Fried]

What I am saying is recruiters leave a lot of things out upon getting pre hired and then the driver mainly new drivers get disqualified.I on the other hand know the drill but does new drivers,no they do not they learn the hard way.You also said in a previous post the subject was hired then fired after failing the test,he was not hired,you must successfully complete orientation first which includes the pre employment drug test and heres where recruiters come into play,they don't tell the applicants they're pre hired.They send them bus ticket and hotel info what they need to bring ect ect.

Sorry PJ, I can't quite swallow that. Even the most rudimentary "driving school" is going to mention drug testing as a part of a driver's life. Every trucking company I know of requires drug testing as part of the hiring process.

Now lets get a definition straight. "Pre-hire" is the company expressing an interest in the applicant.... subject to conditions which includes a drug test. Once you make it to orientation you are "hired" because you're being paid by the company to attend..... subject to conditions (completing training period,etc). Compete all that and you become "full hire"..... subject to conditions.

Anybody who is too "immature" to understand that process and/or thinks they have the "right" to game the system needs to be/should be gone.

 

[patriciajnsn]

Sorry PJ, I can't quite swallow that. Even the most rudimentary "driving school" is going to mention drug testing as a part of a driver's life. Every trucking company I know of requires drug testing as part of the hiring process.

Now lets get a definition straight. "Pre-hire" is the company expressing an interest in the applicant.... subject to conditions which includes a drug test. Once you make it to orientation you are "hired" because you're being paid by the company to attend..... subject to conditions (completing training period,etc). Compete all that and you become "full hire"..... subject to conditions.

Anybody who is too "immature" to understand that process and/or thinks they have the "right" to game the system needs to be/should be gone.

Maybe we should call companies up and ask them you spose?Upon completion of orientation drivers will receive so much is what Hill Bros does.

 

[patriciajnsn]

Attending and completeing could mean different things depending on the company.Some may start paying the drivers the first day of orientation and others pay drivers after completing orientation.I know the paperwork I was handed at Hill Bros said we wouldn't get paid until completion of orientation.H&m trucking the same way.I didn't get paid for orientation.That afternoon of the first day of orientation I went for my physical and failed because my BP was too high, I did'nt get paid for it.There's been a few companies I didn't successfully complete their orientation and didn't get paid from any of them.So that's why I think you are not legally hired until you go thru the entire orientation process,drug test,road test ,physical and all the other fun stuff.

 

[Southern Fried]

Attending and completeing could mean different things depending on the company.Some may start paying the drivers the first day of orientation and others pay drivers after completing orientation.I know the paperwork I was handed at Hill Bros said we wouldn't get paid until completion of orientation.H&m trucking the same way.I didn't get paid for orientation.That afternoon of the first day of orientation I went for my physical and failed because my BP was too high, I did'nt get paid for it.There's been a few companies I didn't successfully complete their orientation and didn't get paid from any of them.So that's why I think you are not legally hired until you go thru the entire orientation process,drug test,road test ,physical and all the other fun stuff.

If you are supplied with bus fare, living quarters, etc by the company.... that is "being paid". If you are given a check after completion of orientation.... that is "being paid".

However, I do get your point. Our outfit spends most of the first day going over all this stuff.

 

[Blood]

Actually, in order to be sent in for a drug test, the subject must have at least a tentative hire. In other words, he or she has been hired and will keep the job upon passing the drug test.

The company has to order the test. They won't do that unless they have the subject's full information and believe they will place the subject into a position with the company. They don't drug test every applicant. Only the people they intend to put to work.

"Pre-employment" is kind of misleading. The subject was hired, then immediately fired after failing. So yes, this failure can and most likely will follow the subject.

Go read the regulation.

What @Injun posted reads almost verbatim to what the regs say.

You won't get a drug test unless you are given the position......

Contingent on passing the drug test...

You would think.
But I know a couple of people who applied locally to Penske (Kasnsas City).
Penske did a cursory check on MVR then ordered a drug screen for the next day but no physical.
Both drivers got strung along for 2 or 3 weeks.
One was hired and one wasn't, presumably due to background issues or inaccuracies on the app.
But the point is, Penske ordered a drug test before they did an extensive background.

If I'm reading it right the reg states that a conditional offer of employment must be made prior to alcohol testing (which is optional) but doesn't mention requiring an offer of employment for drug testing.



§ 382.301: Pre-employment testing.


(a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.

(b) An employer is not required to administer a controlled substances test required by paragraph (a) of this section if:

(1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and

(2) While participating in that program, either:

(i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or

(ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and

(3) The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.

(c)(1) An employer who exercises the exception in paragraph (b) of this section shall contact the controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following information:

(i) Name(s) and address(es) of the program(s).

(ii) Verification that the driver participates or participated in the program(s).

(iii) Verification that the program(s) conforms to part 40 of this title.

(iv) Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances.

(v) The date the driver was last tested for controlled substances.

(vi) The results of any tests taken within the previous six months and any other violations of subpart B of this part.

(2) An employer who uses, but does not employ a driver more than once a year to operate commercial motor vehicles must obtain the information in paragraph (c)(1) of this section at least once every six months. The records prepared under this paragraph shall be maintained in accordance with § 382.401. If the employer cannot verify that the driver is participating in a controlled substances testing program in accordance with this part and part 40 of this title, the employer shall conduct a pre-employment controlled substances test.

(d) An employer may, but is not required to, conduct pre-employment alcohol testing under this part. If an employer chooses to conduct pre-employment alcohol testing, it must comply with the following requirements:

(1) It must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions).

(2) It must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., it must not test some covered employees and not others).

(3) It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.

(4) It must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR part 40 of this title.

(5) It must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee's test indicates an alcohol concentration of less than 0.04.

 

[patriciajnsn]

If you are supplied with bus fare, living quarters, etc by the company.... that is "being paid". If you are given a check after completion of orientation.... that is "being paid".

However, I do get your point. Our outfit spends most of the first day going over all this stuff.

Sounds better the way you explained it.