Complaint Review: Pachall Trucking

Drug screenings performed on drivers operating commercial vehicles are tested to a very high degree of accuracy by the laboratories who perform those screenings.

The testing preformed today on Truck Drivers is very accurate, and you have a better chance at winning big in a lottery, than you do of being found positive for drugs, as long as you have not used or been exposed to them.

A decade ago, the testing did have flaws. Drivers now in fact, no longer have to disclose any prescription drugs that they are taking up-front, because the screenings eliminate all legal prescriptions first, even those that have minute quantities of ingredients that mimic illicit drugs. The methodology used can tell the difference between illicit and legal medications, and they analyze anything that begins to look suspicious. They additionally measure levels of any possible illicit substance, and rule out minute levels that could be due to limited exposure, such as a case of being in the room while someone was smoking marijuana within the past week or so.

The medical industry that serves those that have to submit to screenings as Department of Transportation approved workers, knows full well the ramifications of any driver found positive, and they get it right these days. Their findings stand up in court, and there have been virtually no cases in the last decade where false positives were found to be in evidence, even when secondary samples were checked, having been taken at the same time as the other positive sample was taken.

The day may come when I may eat these words, or another day will come when someone will be able to prove that they were found to be positive with no basis whatsoever to substantiate it, but the facts that can be found on the subject, aside from those web sites out there that only dispel myths and innuendo, clearly make a valid case that the screening process performed on DOT workers is extremely accurate and without any factors that will trip false positives.

Not every industry uses DOT testing standards, and may contract services based on price, rather than for reliability, and I'm sure that there are some labs that are not performing the stricter and more accurate methods of screening samples, so it may be possible that say, someone applying for a job in a convenience store, may well be getting tested by a sub-standard laboratory, where they do not do the deep screenings that are done on DOT related workers.

Truck drivers found positive are going to find it very difficult, if not impossible to find a job within the trucking industry for some time, because a positive test is required to be placed on their employment records, readily available to other prospective employers, and required to be disclosed by the former employer, for at least seven years following the date of finding a positive drug or alcohol test result.

And another, lesser known fact, is that the Federal Government knows about it those positive drug testing results too. Employers are required to submit positive findings on a regular basis to the Federal Motor Carrier Safety Administration (FMCSA). If the FMCSA has any reason to suspect that a driver is out there driving a commercial motor vehicle in violation of the rules and regulations pertaining to drivers disqualified under the drug and alcohol testing sections, such as if they receive information regarding a traffic ticket or vehicle inspection report, with that driver's name on it, and they feel that a driver has slipped past the checks that are to preclude them from driving until they are once again qualified to drive a CMV, their name and driver's license information can be flagged in a national database kept with information on all commercial drivers, and the next time an officer encounters this person, they may be asked to comply with a little roadside investigation that could encompass all kinds of things, including the possibility of having the carrier they are currently working for cough up copies of the driver's employment records, to verify that they have re-qualified under all the rules to be allowed to drive again.

Heaven help the driver who can't clear up that question and fast.

This is why I advise any driver who has ever been found positive in any drug or alcohol test, and who has gone through all that is required to qualify once again to drive a CMV, to keep all copies of the paperwork that was signed by a SAP, and to keep paperwork signed by any carrier you are working for or leased to, acknowledging that they are aware of the record, and that any questions regarding this can be directed to the following person XXX at the following telephone number XXX. keeping those copies with the driver at all times while on the road for at least ten years, will eliminate any possibility of being arrested, and questions asked later.

On a side note, I recommend that any traffic ticket you receive in any state, along with proof that the fine was paid, or that it was dismissed, be kept with the driver for years afterward too. I've bailed drivers out of jail for warrants involving old traffic tickets, when state workers failed to update computer files properly, or who made mistakes in reporting settled citations, and the driver's license was improperly suspended. Being able to cough up proof on the spot that there is an error, has saved many a driver a trip to jail for a mistaken bench warrant.

It can happen...false positives. It happened to my grandmother. She was turned down for a job because her test came back positive. You can't even imagine her humiliation when she was basically accused of using drugs. But, she found out there there are certain things, that if you eat, can cause a false positive. Like poppy seeds. She loves poppy seed muffins, eats them all the time. And had no idea that they would cause her to fail a drug test.
Might be something worth looking into, if what you posted, is in fact true.

First of all, the DAC/USIS report is governed identical to a credit report, by the FCRA.

With that said, understand that you have the right to recieve a copy of that report once per year at no charge, or whenever you are denied employment or any other adverse action is taken due to the report.

You also have the right to dispute any item on that report and have it removed until it is investigated and verified. If it cannot be verified, it must be forever removed. If it is verified, you have a right to see exactly what the "verification" was.

You also have the right to add your 100 word or less consumer statement to the report.

Most importantly, stay off the phone and stop listening to people like the cab driver etc. Do everything in writing and send by certified mail, return reciept requested. Be sure to put the certified# on the letter itself before mailing and make a copy for your records. This procedure is very important.

Now, they have thirty days from the day they recieve your dispute to either verify it or remove it. If they fail to do so, you can sue them for damages under the provisions of the FCRA, and other civil laws that vary by state.

Good luck.

There are a couple of problems with all that you have related.

False positives are almost unheard of these days, and in the almost unheard of case where anyone could have come up false with absolutely no protection, that second sample taken at the same time the first was, is your ONLY hope to head off the dilemma you find yourself in at the moment.

You should have found some way to have paid the $150.00 to test that second sample, if you were indeed clean. If not, then I'm sure you have some reason to know why you came up positive.

The "man driving you back to the motel" who told you that this would not be reported to USIS/DAC Services was absolutely lying to you, because under Federal law, not reporting a positive drug testing result by a motor carrier is a crime. They have no choice in the matter.

Your climb to become a driver is going to be a very hard one. This positive result will hound you for no less than seven years. If any application you fill out asks the question as to whether you have "ever" failed a drug test, or asks for any period longer than for seven years, you will have no choice but to admit to it.

You will need to follow every instruction that the SAP asks you to comply with, make every appointment to see him or her, on time, every time. You will need to retain copies of every last slip of paper regarding your compliance with the SAP, for at least ten years, and again, if you are required in the future to divulge the fact that you have failed a drug testing to any future employer, head off any questions by also submitting all copies of the SAP findings and records of those visits.

Whatever you do, don't ever attempt to hide this on any application for employment, because it can and will most likely be found or related by PTL to other prospective employers, and that again will be for at least seven years.

It's going to be tougher for you to get a driving job because you are not an experienced driver, and you now have a drug issue to boot. However, if it's something you truly desire to overcome, patience, diligence, and a bunch of applications will have to be filled out before you will find a company willing to take a chance on you. Forget the larger companies. You will likely find a better chance, with a smaller company.

I wish you the best of luck, and you're going to need some for sure.