In year 2004 I was sent for a pre-employment drug test. At testing facility I received a
Phone call notifying me of a much better job opportunity, and left the testing facility
To sign up for job. The testing facility, that never administered a drug test now
Has Disa stating I failed the test. Now they tell me I have to go to rehab. I am a
64 year old male, this happened 8 years ago, and am only finding out about it now
In 2012. I have retired and now find I need to return to work. Any idea how to correct this problem, short of rehab? Thanks for any help

We are missing something

Even if you used drugs, the only thing that happens if you fail, is that you don't get the job, they can't and don't send you to rehab ( at least in the US)

And the SOL would be up by now on any criminal issue ( but this is not a criminal issue, since it was just employment test)

Who is telling you that you have to do rehab ? What government agency ?
Or is it your current employer ?

Diza the drug testing company is telling me I have to go to rehab to get this off my record with them. Lots of companies, that I would normally work for, are hooked up with Diza. They share info so employment is now extremely limited. I am still unemployed because of this, and using up my savings. Anyone have ideas on this, legal or otherwise?

In year 2004 I was sent for a pre-employment drug test. At testing facility I decided to not accept the job and left the facility without taking their test. I am 64 years old and never failed a drug test and I have taken many. I've been employed every year since 2004 and took drug tests with no problems . Now Disa tells me I have to go to rehab, which will cost me $700, before I can be hired. I understand Disa is contracted to many construction companies. Will this info be shared with all? Can't pay $700. But I need employment. I do not take any drugs and feel this treatment is wrong. Anyone know of others with this problem and how they corrected it legally in court or otherwise? Any attorneys experience a case of this kind who can help me?

In year 2004 I was sent for a pre-employment drug test. At testing facility I decided to not accept the job and left the facility without taking their test. I am 64 years old and never failed a drug test and I have taken many. I've been employed every year since 2004 and took drug tests with no problems . Now Disa tells me I have to go to rehab, which will cost me $700, before I can be hired. I understand Disa is contracted to many construction companies. Will this info be shared with all? Can't pay $700. but I need employment. I do not take any drugs and feel this treatment is wrong. Anyone know of others with this problem and how they corrected it legally in court or otherwise? Any attorneys experience a case of this kind who can help me?

It sounds like your 2004 experience was classed and recorded as a refusal to test. How did this come to the fore 8 years hence?

Also by DISA I assume you mean the employment screening agency... was the test you were scheduled for DOT regulated? That would make a difference in the avenues available for redress.

You are caught in an unusual position. Pre-employment drug testing at the post-offer step. Therefore an employee under the DOT provisions. DISA is what is known as a C/TPA* acting on behalf of the employer. TPAs stand in place of the employer and are subject to all rights and restrictions of same. (See DOT regs).

As I noted under another post, by leaving the testing facility you registered a refusal to test. A refusal is automatically classed as a test failure. A test failure requires completion of approved rehabilitation in order to obtain a return to work certificate.

This all derives from your status as an employee under the DOT regs (post-offer) at the time of the scheduled test even though you never commenced work.

DISA can only share the information to the same extent as the employer that they represent and cannot release same without your express written consent. (Subparts P-Q - Confidentiality and Release of Information, 49 CFR Part 40) The requirements usually toll at 3 years for DOT driver information. That applies to past and prospective employer. That, I believe, is the limit of the requirement.

The circumstances you describe are very unusual but it is apparent what happened. Here is the number for the federal Workplace Hotline. [Ask for Bill, a very helpful gentleman]

1-800-967-5752

As a practical matter I recommend contacting your US Congressman and Senator. They will intervene by letter and expedite your complaint. Once again, this is a very unusual circumstance but it is not the intent of the law to deprive one of employment under these circumstances so it can be worked through and get you back on the road.

Title 49 CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL
TESTING PROGRAMS, (http://www.dot.gov/odapc/NEW_DOCS/PART40.pdf) (Effective October 1, 2010)

*Consortium Third Party Administrator