R trucking companies required to report +drug test to DMV if CDL if no legal or driving charges?
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am trying to help someone who was fired from a truck driving job for a positive urine drug test (cocaine -no other drugs) 2 years ago....... it was either random or done because of an anonymous call. no accident; no legal charges; in fact company sent driver on out on a 1500 mile trip (awaiting the results of the test). fired him a week later when they got the drug test results back. he was worried about being positive for opiates (Lortab) and denies any cocaine use for 10 years. i know there are sometimes false positives; and also know that his CDL hasn't been revoked. when he applies for truck driving jobs, the prospective employer calls his previous employer and then won't hire him because he tested positive at the previous job. does he need to be evaluated by an SAP and follow through with any recommended treatment to be able to get aruck driving job again?
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Answer:
This situation is really simular to my brother , his was alcohol. I also drive OTR . As for someone who already is employed by a trucking company can continue to drive until results are back from the lab . Only Insurence companies can report to the DMV .Tucking companies report to the DAC services . Most trucking companies are required to take additional actions required by DOT agency regulations . As a employee , when the MRO has notified you that you have a verified positive drug test or refusal to test because of adulteration or substituation , you have 72 hours from the time of notification to request a test of the split specimen. DId he do that ? If his previous employer didn't offer drug treatment when they hired him than SAP won't do him any good . However , if they did offer him an opportunity to return to DOT safety-sensitive duty following a violation , he must , before he performs that duty receives an evaluation by a SAP and he successfully complies with the SAP's evaluation. I'm pretty sure after 3 years no trucking company can hold that incident against him . He should try to utilize his CDL while he waits out his time . Try working for a company as a yard jockey until he can get back out here again .
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