I have a Commercial Driver License in California, Recent Drug screening was positive. I was suspended from my job. What I have to do for recover my privilege to drive again ??
Serious inquiries only, please !! thanks
It was a pre-employment drug screening, It was positive of THC (Mariguana), Should I still can apply in another job, or I've been reported to the DOT allready ?? and need to fix this situation before I continue driving Commercial vehicles ??
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Who drug tested you? Your job or did the state do their random drug test? more info please
your fucked
I am not aware of any law that requires a potential employer to report the results of a drug screen test positive for Marijuana (THC metabolite) to the DOT, DMV, or any other public safety bureau. An exception might be an employer drug screen test due to an on the job accident. Assuming this is true, it is not likely that another employer would go by the results of a different employer from a month ago. Likely they will do their own pre-employment drug screening. Another exception might be if you are under a doctor’s orders, you would not likely be allowed to work during the times you’re smoking your medication.
If the DOT, DMV, or whatever was going to take action, then they would have notified you. In order to fix this situation, you’d likely be required to comply with recommended rehabilitation until you can have a negative result on a return-to-duty drug test. Random drug test might also be a requirement. This would all be in the notice they send you if and when they plan to take action. I have little actual knowledge of this procedure, but I am using my experience of the notice requirements of the due process provisions of the California Constitution.
My neighbor failed a drug test, positive of Marijuana (THC metabolite), when applying for a tow truck driver position. He reapplied a month later and retested negative, now I see him on the road behind the wheel. I think it may have been the same employer even, but I do not know all the specifics of his situation. Talk to the employer, depending on your circumstances, they might reconsider you in the near future. I think many employers understand that it is more likely for someone to become clean in your situation than another person who showed up drunk to the drug test.
Some of the various sanctions of a Commercial Driver’s License can be found in the California Vehicle Code, sections 15300, et seq. I only read of the sanctions for driving while under the influence, not any concerning a walk-in pre-employment drug screening that I know of. But I did not read it all the way through, you can here:
http://www.dmv.ca.gov/pubs/vctop/vc/tocd6c7a7.htm
Just one of the several notice requirements is California Vehicle Code section 13950.
http://www.dmv.ca.gov/pubs/vctop/d06/vc13950.htm
*/End of Line.
You say suspended from work, instead of fired. At the beginning of CDLs, they had a way for people to keep there licence, w/ a 90 day deal you had to go thru. but do believe ins. companys smashed that…..but the place to start, is w/ your company, the safety man, and find out how screwed you really are…………..