[unluckydrvr]

I received a phone call from the MRO at 5PM, Friday, that I tested positive for amphetamines and methamphetamines, but I have NEVER taken drugs! My 2 year old is ADHD, and I handle his meds, but the MRO says this would not affect results. How can this have happened and what can I do? I just finished driving school and this was my first application!

[DrBill100]

I received a phone call from the MRO at 5PM, Friday, that I tested positive for amphetamines and methamphetamines, but I have NEVER taken drugs! My 2 year old is ADHD, and I handle his meds, but the MRO says this would not affect results. How can this have happened and what can I do? I just finished driving school and this was my first application!

This was a pre-employment test? You mention MRO, was it a DOT test? Do you have a copy of the test reulst?

[unluckydrvr]

Yes, pre-employment test for truck driving job. So yes, DOT

[DrBill100]

In confirmation, you were offered a job and it was contingent on passing a drug test and DOT physical?

Will need to know the amount of AMP & METH measured in your system.

In the meantime you should notify the employer, the MRO and the testing laboratory by CERTIFIED MAIL, return receipt requested, that the test was in error, that you are not prescribed drugs nor do you take illegal drugs.

Do not go into lengthy details. Just put all 3 on notice that the test results were erroneous.

[unluckydrvr]

Yes, job offer contingent upon test results and orientation. MRO did not tell me any test amounts detected, just that it was over the limit, nor do I know the testing laboratory. How do I get the split sample retested? Also, when I had my original test done, All the bottles were lined up on the counter, nothing was sealed. Was this right?

[DrBill100]

Yes, job offer contingent upon test results and orientation. MRO did not tell me any test amounts detected, just that it was over the limit, nor do I know the testing laboratory. How do I get the split sample retested? Also, when I had my original test done, All the bottles were lined up on the counter, nothing was sealed. Was this right?

You are getting ahead of the necessary steps. First step is to preserve your rights and alternatives. Call the company and ask for the name of the MRO and the testing lab. DO NOT mention your discussion with the MRO. DO NOT discuss the results with the employer or any representative > very important to preserve confidentiality of records. Simply request the information necessary to file the complaint as noted above.

DOT testing is strictly regulated and I can provide you with additional agencies that will look into the specific test but that must be accomplished in order.

Split sample. Request within the notice above that the laboratory preserve the sample for re-test. Prescribe that the current laboratory does not do the testing. Just preserve the sample.

[unluckydrvr]

Thank you! I will begin working on this as soon as the office opens Monday AM. I am very frustrated that I completed the drug test on Monday, and did not get contacted until late Friday night. Does Saturday and Sunday count towards my 72 hours? There is no one I can call, either at the company office, or the facility where I took the test.

[DrBill100]

Thank you! I will begin working on this as soon as the office opens Monday AM. I am very frustrated that I completed the drug test on Monday, and did not get contacted until late Friday night. Does Saturday and Sunday count towards my 72 hours? There is no one I can call, either at the company office, or the facility where I took the test.

The facility where you took your test is the testing laboratory. The reason that an MRO is involved is, in part, to preserve the confidentiality of the testing process. At your position, post-offer, the test was probably part of a medical examination and therefore a medical record that must be maintained separate from personnel records. If you discuss this with personnel outside the chain of responsibility for medical information then you have voluntarily disclosed the information and it is no longer protected. Besides, collection personnel and even lab techs have little specific knowledge of the test that is being performed.

I realize the frustration you are experiencing but fortunately with the DOT testing you are guaranteed rights and procedures enforced by several federal agencies. Don't throw those away by getting ahead of yourself or disclosing information that could accrue to your detriment.

The 72 hours is interesting. Time certainly influences the integrity of sample and sample degradation doesn't recognize weekends. But that is a technical claim that must be addressed in another context. The same applies to sample integrity and proper handling at point of collection. DO NOT mention these issues in your discussions.

Here is the DOT website for further information on the practices and procedures of the federal statute, 49 CFR Part 40 that outlines the responsibilities of all the players, employers, MRO, collectors, etc.

DOT Testing

[unluckydrvr]

Well, I can see problems already. Almost all of the collection steps were not followed for me, and the initial contact I had with the MRO was way less than satisfactory. My understanding was part of the MRO's job was to ensure I understood what was going on and what my options were. Not in this case! Wouldn't answer any of my questions, hence my desperate plea for help! I am working on the letter, and will be making phone calls as soon as the world wakes up Monday AM.

[hemp934]

Your 2 year old is on a stimulant? 2?

[unluckydrvr]

Since I had a UA that came back as false positive, and I do not have a job, where do the results go? When I fill out a job application, do I have to answer that I have "failed" a UA test?

[smoothy]

A false positive for what exactly?

[unluckydrvr]

Supposedly for meth. I have never used anything. I took another test and it came back negative. But what happens to the other test results?

[DrBill100]

Supposedly for meth. I have never used anything. I took another test and it came back negative. But what happens to the other test results?

The most common cause for meth (amphetamine) positive is nasal inhalers.
Was this brought to your attention by the MRO or inquired about?

How the results of a DOT test must be handled is laid out item by item in Title 49 CFR Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS, (Effective October 1, 2010)

What is confusing me is the second test. Was the re-test requested by you or the employer? If you requested the second test was it authorized by the employer? How soon after the first test was the second test performed and was it the same lab performing same?

[unluckydrvr]

The MRO never said anything about a nasal inhaler. He just asked about a couple of prescriptions, which I don't have, never have. He was real abrupt, almost rude, wouldn't answer any of my questions. I requested the split sample to be preserved for a re-test, the prospective employer ask for the split sample to be retested. I called the MRO's office and asked what had to be done, the receptionist didn't really know. I presume from my inquiry that they ran the re-test. I do not know where it was re-tested. I have not had any contact from the MRO on the split sample, however, I did receive a call from the prospective employer advising the split sample had come back positive as well. I don't actually know when the split sample was retested, but I received the call from the prospective employer yesterday. I am presuming the split sample was ran sometime after 8/27. I received the call on the first test on Friday, 825 at 4:30 pm edt.