Drug Crimes, Substance Abuse Drug testing in the workplace

[Ineedtoknow]

This was the forum I though I should use for my question (s), Mod may move it to a more appropriate forum if desired.

I am a maintenance technician with 3 years on the job with my employer. Starting this year we were told that per Texas DOT mandate, we will be subject to random breathalyzer and urine tests, determined by the DOT computer.

I have taken and passed previous test, today I could not produce the required amount of specimen for the tester and you have thought the world was going to end !

My supervisor ordered me to immediately drink bottles of water until I felt the urge to urinate, and I refused.

The tester got a bad attitude and said that she had 3 hours to have me submit and that I was not leaving until I did !

I was then again told by my supervisor to drink up, and I advised him that I would not make myself bloated and sick to my stomach just to urinate in the cup !

I was then threatened with job termination ! ! !

Okay, after 3 hours I submitted half the required amount, (which btw, was what I submitted 3 hours earlier when first asked to submit), and was made to sign off on the form that I was denying a second testing sample !

I then made a phone call to the testing facility and asked what the parameters were for our testing, and was informed that in order to drive on the state highway with a CDL, DOT mandated the test.

I then advised her that I did not posess a CDL license and she responds, "hummm, let me look you up, OH !"

I asked her what that meant and she says, "well, it says here that you do possess a CDL drivers license and therefore are subject to testing."

I asked her where that information came from and was informed that my employer had given them that information, even though, my employer knows that I do not possess a CDL license.

I then asked her, " soo, you are saying that ONLY CDL license holders are mandated to test?", to which her response was, "YES".

My supervisor knows that I do not possess a CDL license and well as the other 6 technicians that are being required to test.

Is this legal ?

Do they have the right to terminate me because I will not bloat myself just to urinate in the cup for the test that is being conducted under the guise as MANDATORY ????

I do not wish to lose this job, and there are other improprieties to this as well, such as employees in another group, (IT to be named), that do occasionally drive a commercial truck with no CDL and they are not being required to test.

Thank you in advance for any and all replies,

INTK

 

[vfielder]

They have a right to terminate you when you don't want to comply with "mandatory" drug testing.

 

[army judge]

This was the forum I though I should use for my question (s), Mod may move it to a more appropriate forum if desired.

I am a maintenance technician with 3 years on the job with my employer. Starting this year we were told that per Texas DOT mandate, we will be subject to random breathalyzer and urine tests, determined by the DOT computer.

I have taken and passed previous test, today I could not produce the required amount of specimen for the tester and you have thought the world was going to end !

My supervisor ordered me to immediately drink bottles of water until I felt the urge to urinate, and I refused.

The tester got a bad attitude and said that she had 3 hours to have me submit and that I was not leaving until I did !

I was then again told by my supervisor to drink up, and I advised him that I would not make myself bloated and sick to my stomach just to urinate in the cup !

I was then threatened with job termination ! ! !

Okay, after 3 hours I submitted half the required amount, (which btw, was what I submitted 3 hours earlier when first asked to submit), and was made to sign off on the form that I was denying a second testing sample !

I then made a phone call to the testing facility and asked what the parameters were for our testing, and was informed that in order to drive on the state highway with a CDL, DOT mandated the test.

I then advised her that I did not posess a CDL license and she responds, "hummm, let me look you up, OH !"

I asked her what that meant and she says, "well, it says here that you do possess a CDL drivers license and therefore are subject to testing."

I asked her where that information came from and was informed that my employer had given them that information, even though, my employer knows that I do not possess a CDL license.

I then asked her, " soo, you are saying that ONLY CDL license holders are mandated to test?", to which her response was, "YES".

My supervisor knows that I do not possess a CDL license and well as the other 6 technicians that are being required to test.

Is this legal ?

Do they have the right to terminate me because I will not bloat myself just to urinate in the cup for the test that is being conducted under the guise as MANDATORY ????

I do not wish to lose this job, and there are other improprieties to this as well, such as employees in another group, (IT to be named), that do occasionally drive a commercial truck with no CDL and they are not being required to test.

Thank you in advance for any and all replies,


INTK

You REFUSED and acknowledged your refusal by signing a form indicating said refusal.

You, apparently aren't required to be tested.

They placed the "tarbaby" before you, and you grabbed it!

You might want to discuss this with your HR officials, and if you are allowed to do so, I'd be very aplogetic, cool, and calm.

You might have to eat some nasty, greasy "crow", if you want your job back.

And, even that might not help.

Your actions (albeit, intimidated by them or not), caused you great harm.

You probably will be denied unemployment insurance, too!

I hope YOU endeavor to recover and repair your mistake.

 

[Ineedtoknow]

Maybe I was not real clear about some points, so may I try again ?

I have not lost the job, I did submit a sample, although, it was not the amount the testing facility required.

The amount required is two vials and I had to sign off on her form that I was not submitting the second vial for testing.

I am sure that I was not aware I had the option of not signing, as, at that time, I was under the impression that it was Mandatory !

Is this not all a moot point considering that they are requiring testing under false pretenses ?

Thnkx once again for the reply.

INTK

 

[army judge]

Maybe I was not real clear about some points, so may I try again ?

I have not lost the job, I did submit a sample, although, it was not the amount the testing facility required.

The amount required is two vials and I had to sign off on her form that I was not submitting the second vial for testing.

I am sure that I was not aware I had the option of not signing, as, at that time, I was under the impression that it was Mandatory !

Is this not all a moot point considering that they are requiring testing under false pretenses ?

Thnkx once again for the reply.

INTK

Then, you should try even harder for that audience with your HR officials.

You might be able to avoid any negative consequences.

I wouldn't address the behaviors of others during my time with HR.

I'd seek clarification on the policy, relative to who must be tested and why.

I'd also seek clarification, as to whether I am exempt from any further testing.

I'd even offer to submit to another test, (even if it weren't required), just to mend any broken fences.

Whatever you do, remain calm and apologetic.

 

[Ineedtoknow]

I now have some direction as opposed to earlier today when I felt lost and beaten by others with the knowledge only they possessed.

Thank you, Sir, for your interest in my situation, I am very grateful for being able to chat with you.

As with the many other message boards of various venues that I frequent, I will follow up with the outcome of this for those interested in knowing the finale !

Have a great evening,

INTK

 

[mightymoose]

You can be terminated for not complying with your employer's mandate. Forget that the DOT does not require it, but your employer still can.

You also can possibly be terminated if you don't have the proper license required to do your job... if the employer requires a commercial driver then you might do more harm than good by raising your argument.

All things considered... you should simply have relaxed for a few hours and drank the water. They weren't asking you to do anything out of the ordinary... that is all perfectly normal.

If you have not been terminated, do yourself a favor and do go about making an issue of this. If they come to you later, then raise the issue if you need to... otherwise let it go.

 

[Ineedtoknow]

There is no requirement for me to to have a CDL for my position. I drive a work supplied Ford F250 pickup truck with Koneg bed and ladder racks, as do the other technicians.

Again, this is being presented by my Supervisor as a DOT Mandate, he is saying that he has nothing to do with this !

And my concern is not just for myself, but for my fellow employees whom are being deceived and being subject to what I feel is an invasion of our privacy built on a platform of blatant lying !

I am 54 years old and do not have much rebel fight left, but, it still chapps my backside when I see people being taken advantage of like this. If they want to test us, tell us, do not hide behind the coattails of a lie.

I am sure that we are the only department being subject to this, and my employer has many departments with hundreds of employees, what is good for a few is certainly good for the whole, is it not ?

Thank you also, Sir, for your reply.

INTK

 

[Patricia_Young]

It doesn't matter if they say the Bible says it's mandatory; if the employer wants to make certain certifications or licenses mandatory, they can.

 

[Ineedtoknow]

Agreed, but, my employer is not representing the CDL license as a necessity for my job, just as a front for the drug test.

My employer can not allow me to drive a commercial vehicle without the CDL license as that is a State issue, any and all commercial drivers will be CDL licensed.

My F250 does not fall into this category.

If I were required to be CDL licensed, it would be by order of the State, not my employer.

Thank you for your reply,

INTK

 

[Ineedtoknow]

Well, I still have my job and now have clarification on the drug testing policy !

It seems that our department is deemed as a safety sensitive environment and the testing is being mandated by the employer.

I had a 1 1/2 hour closed door meeting with my supervisor and we reviewed the rule/governing handbook relating to drug testing in my workplace.

Oh, yeah, and I was written up for insubordination for refusing to drink the water for the urine test the other day.

What a feeling to be told that I was a great asset to the maintenance department and that my work and knowledge was outstanding and then to be informed that I was to report for a closed door hearing on the charge of insubordination of my superior tomorrow morning ......

 

[army judge]

Well, I still have my job and now have clarification on the drug testing policy !

It seems that our department is deemed as a safety sensitive environment and the testing is being mandated by the employer.

I had a 1 1/2 hour closed door meeting with my supervisor and we reviewed the rule/governing handbook relating to drug testing in my workplace.

Oh, yeah, and I was written up for insubordination for refusing to drink the water for the urine test the other day.

What a feeling to be told that I was a great asset to the maintenance department and that my work and knowledge was outstanding and then to be informed that I was to report for a closed door hearing on the charge of insubordination of my superior tomorrow morning ......

Good luck.

Stevie Wonder and Ray Charles could have seen that coming! :blush

 

[Ineedtoknow]

Stevie Wonder and Ray Charles could have seen that coming!

Just remember, don't let them see you sweat !

 

[sandman03276]

Welcome to my world...I do have a class A CDL and what you describe is a walk in the park compared to the abuse and harrassment I put up regularly especially going through the weigh stations.....When they say 'Pee" you say "how much" sir ....and then do it.