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Whats the Deal on Failing a Drug Test??

I understand that people make mistakes, but the one thing I don't get is why a truck driver would risk failing a drug test during the hiring process. Why risk it when the simple answer is JUST STAY HOME UNTIL IT'S OUT OF YOUR SYSTEM. You are in control - delay, make up an excuse, turn the job down, whatever - BUT DON'T go to an orientation hoping it will be okay. If you're working and fail a random test you can at least tell yourself you couldn't control the timing, and there's always the slim odds that your employer may give you a second chance. But, if you fail the test at orientation your career as an over the road truck driver is effectively OVER for the forseeable future.  

If you fail or refuse to take a drug test, Federal Law requires that you are not permitted to perform safety-sensitive duties until you have seen a Substance Abuse Professional (SAP) and completed the return to duty process. DOT regulations do not address hiring, termination or other employment actions, and these decisions are left to individual employers based on their own policies. Further, there is no requirement that a company pay for the process and most employers will put that burden on the employee.

As a practical matter, if you fail or refuse a drug test as part of the hiring process I know of no one that is going to give you a chance to complete the return to duty process and then hire you. The employer will explain the law and the SAP return to duty process, but almost everyone has policies that effectively prevent hiring an employee who has recently tested positive or refused a drug test and they have no obligation or duty to hire you. If you are already employed and fail or refuse a random test some companies may provide a process for returning to work. But, counting on the SAP return to duty process as a method to continue your career is dicey at best.

Leaving behind the immediate employer, when you complete future employment applications you will be asked if you have ever failed a drug test. As part of their verification process, most employers will obtain a DAC report to help find previous employers, including companies where you may have done nothing but attend an orientation or taken a drug test. Depending on the individual employer's hiring policies, they will contact all the companies listed within a 3-10 year period, making it extremely difficult for a driver to conceal a recent test failure. Many companies may not complete the verification process until you are at their facility attending an orientation, when the employer discovers your concealment they will likely send you home at your own expense, for falsification of the application. Don't count on being able to hide a drug test failure or refusal and don't waste everyone's time trying to conceal it.  

Bottom line. You can control the timing of an orientation drug test, so if there's a chance you will fail STAY HOME. And if you're employed, know that you risk your career, not just that one job for failing or refusing a test.

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