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    Jeanne3011's Avatar
    Jeanne3011 Posts: 5, Reputation: 1
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    #1

    Feb 24, 2016, 07:27 AM
    False positive drug test from DISA
    In early 2012 I was sent for a drug test by a potential employer. I was having bladder issues at the time and was unable to produce the amount of urine required for this test, approximately 4 oz. I spent 3 hours trying and "timed out". The employer sent me to another drug screening facility the same day, where I produced the same amount of urine I produced for the first place, and it was enough to be tested and was negative. Later that year after continued bladder issues I began seeking medical advice which led to discovering I had bladder cancer. I was successfully treated but have changed employers twice since 2012, I have taken and passed multiple random drug screens. I am to start a new job on 29th of this month. When I took the required drug screening for this new job I was informed DISA would not certify my safety eligibility due to this incident in 2012, even though my drug test was negative. They are requiring me to go through drug rehabilitation and counseling in addition to monthly drug tests for a year, all at my expense. I am not a driver, so this has nothing to do with DOT regulations, I work in industrial construction so safety eligibility is a big deal. I am 59 yrs old, jobs are harder and harder to find, and I fear I will lose this job because DISA is requiring a drug treatment I do not need and cannot afford, they estimate the cost at $700. Please advise me of any recourse I may have in this issue.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691
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    #2

    Feb 24, 2016, 07:40 AM
    Find a different job, see if they will pay for the drug treatment, since they are requiring it.

    A failure to produce is often considered a failure, since people using drugs try to pretend they can not supply the urine.

    Appeal this and ask for a hearing to go over the facts.
    talaniman's Avatar
    talaniman Posts: 54,086, Reputation: 10852
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    #3

    Feb 24, 2016, 08:19 AM
    Let me guess, you listed this job from 2012 on your application and they have you as failing a drug test (Seldom is the reason given). Doubt that there was any correction to the record or added facts. In that case you may have to push that employer to provide additional medical facts or clarify the record, or have your own documentation to provide this employer. They may rethink their position with documentation from your treating physician, they may NOT, but worth a try.

    You also have to wrap your head around the growing fact that DOT testing requirements have indeed expanded to many other jobs, and no longer apply to just DRIVERS. Now that you know you have a glitch on your employment record, you must take steps to correct it, or submit to the terms of this (Or any other) potential employer (A cost of about 58 bucks a month for their fix).

    Personally I would get my doctor's diagnosis and treatment to explain this glitch as my FIRST option, as well as a more detailed report from the first employer.
    Jeanne3011's Avatar
    Jeanne3011 Posts: 5, Reputation: 1
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    #4

    Feb 24, 2016, 08:50 AM
    Quote Originally Posted by talaniman View Post
    Let me guess, you listed this job from 2012 on your application and they have you as failing a drug test (Seldom is the reason given). Doubt that there was any correction to the record or added facts. In that case you may have to push that employer to provide additional medical facts or clarify the record, or have your own documentation to provide this employer. They may rethink their position with documentation from your treating physician, they may NOT, but worth a try.

    You also have to wrap your head around the growing fact that DOT testing requirements have indeed expanded to many other jobs, and no longer apply to just DRIVERS. Now that you know you have a glitch on your employment record, you must take steps to correct it, or submit to the terms of this (Or any other) potential employer (A cost of about 58 bucks a month for their fix).

    Personally I would get my doctor's diagnosis and treatment to explain this glitch as my FIRST option, as well as a more detailed report from the first employer.
    I did list the employer from 2012, they hired me after I passed the second drug screening and I thought that was the end of it. To my knowledge it was not a bad mark on my employment record with that company since the owner expressed he was not using that screening service in the future, I was the third employee that week who couldn't submit a full sample. I wasn't aware I would have a "refusal" on my record with DISA which translates to failing the test. I explained to the DISA rep yesterday what happened and they indicated a copy of my medical record would be good for my file but I would still be required to participate in drug rehab program, at my cost. The only reason I brought up DOT is because I understand they have different regulations and didn't know if that would make a difference in the responses I get. I passed the drug test for this new job, but because DISA has this on my record, I may not be hired. This feels like extortion, I have never failed a drug test nor refused one because I do not use drugs.
    Jeanne3011's Avatar
    Jeanne3011 Posts: 5, Reputation: 1
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    #5

    Feb 24, 2016, 09:30 AM
    Quote Originally Posted by Fr_Chuck View Post
    Find a different job, see if they will pay for the drug treatment, since they are requiring it.

    A failure to produce is often considered a failure, since people using drugs try to pretend they can not supply the urine.

    Appeal this and ask for a hearing to go over the facts.
    DISA is requiring the drug rehab to clear my record. I will find out today if they have an appeal process, meanwhile It took me 6 months to find this job after being treated for cancer. I do not and have never had a drug problem. I cannot believe this is legal, it shouldn't be legal. After being out of work for over a year, the first 6 months undergoing treatment, the last looking for employment, I am out of resources and options. I never saw this coming.
    talaniman's Avatar
    talaniman Posts: 54,086, Reputation: 10852
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    #6

    Feb 24, 2016, 09:52 AM
    I don't put it past potential employers who use such tactics to discourage certain people, or play on an older person's desperations. What state are you in? Maybe you would have better luck with a trade union than private employers for a job.
    Jeanne3011's Avatar
    Jeanne3011 Posts: 5, Reputation: 1
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    #7

    Feb 24, 2016, 10:55 AM
    Quote Originally Posted by talaniman View Post
    I don't put it past potential employers who use such tactics to discourage certain people, or play on an older person's desperations. What state are you in? Maybe you would have better luck with a trade union than private employers for a job.
    I am in Texas. I have been in the construction industry for almost 40 years. My potential employer has been undertstanding and are investigating their options with regard to safety regulations. I guess we will see how it plays out, however, DISA has evidently become the monopolizer of these screens and sets the standard for safety requirements which involves liability risks, insurance, etc. I may actually be forced to participate in this rehabilitation at my expense. I have found no way to appeal DISA's ruling on this. I just can't believe they can do this to people with no due process.
    talaniman's Avatar
    talaniman Posts: 54,086, Reputation: 10852
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    #8

    Feb 24, 2016, 11:27 AM
    I am not sure but try the Texas Workforce Commission to file a complaint or the EEOC

    How to File a Complaint Against an Abusive Employer | Chron.com

    Things Needed

    • Specific dates of abusive practices


    Tips

    • The Code of Federal Regulations codifies the federal equal employment opportunity laws. Under federal law, claimants must file their complaints within the 180-day limitations period allowable for most claims.
    • Claimants do not have judicial standing in federal court until they obtain a final determination letter from the Equal Employment Opportunity Commission. As such, a failure to comply with the commission's administrative procedure laws can lead to a dismissal of your complaint.


    Warning

    • The information in this article is for general guidance. Because of the fact-sensitive nature of legal claims, seek the advice of a licensed attorney in your state or contact your state's bar association for information on pro bono legal assistance.

    How to Submit an Employment Discrimination Complaint — TWC

    It's on you to correct the record my fellow Texan, or it follows you around and while some give it more weight than others DISA and companies like them have popped up in every state and industry.
    Jeanne3011's Avatar
    Jeanne3011 Posts: 5, Reputation: 1
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    #9

    Feb 24, 2016, 11:44 AM
    Quote Originally Posted by talaniman View Post
    I am not sure but try the Texas Workforce Commission to file a complaint or the EEOC

    How to File a Complaint Against an Abusive Employer | Chron.com

    Things Needed


    • Specific dates of abusive practices


    Tips


    • The Code of Federal Regulations codifies the federal equal employment opportunity laws. Under federal law, claimants must file their complaints within the 180-day limitations period allowable for most claims.
    • Claimants do not have judicial standing in federal court until they obtain a final determination letter from the Equal Employment Opportunity Commission. As such, a failure to comply with the commission's administrative procedure laws can lead to a dismissal of your complaint.


    Warning


    • The information in this article is for general guidance. Because of the fact-sensitive nature of legal claims, seek the advice of a licensed attorney in your state or contact your state's bar association for information on pro bono legal assistance.

    How to Submit an Employment Discrimination Complaint — TWC

    It's on you to correct the record my fellow Texan, or it follows you around and while some give it more weight than others DISA and companies like them have popped up in every state and industry.
    Thank you for your time and consideration. Will update this post with final outcome.

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