Out of service from reasonable drug test

[BSWALKS]

We lost a preloader who passed away due to an overdose but other than that drug abuse is not a big deal here.

Opioids are a huge problem here. One Of the worst in the nation.

 

[over9five]

Single parent too. Will the OP lose custody of the children?

 

[john chesney]

From my experience with drug tests it depends on the drug. Marijuana is one that's hard to determine when you were under the influence although tests are becoming more accurate. You can and some people do have adverse reactions to medications that they legally take with a prescription and you better have disclosed all prescription medications on your DOT physical. If you have a prescription you can save your job

 

[john chesney]

If seen people lose jobs,houses,kids and lives

 

[Mugarolla]

Like I said doesn't matter bottom line it's going to be dirty immediate termination. Rehab not an option for a fail on reasonable suspicion.

You are correct, since you took the test. The only slim chance you have is if UPS did not follow the contract in conducting the test.

1. Did the sup you talk to receive training in observing a person’s behavior to determine if a medical evaluation is required.

2. Were you offered a steward before taking the test.

3. Was the documentation of the your conduct prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior?

So you were impaired? Cause I don't think just a positive drug test is a fire able offense. I mean you can test positive for drugs and not be impaired.

Incorrect.

Article 35 spells out the substances tested for and the limits.

If you test positive for a listed substance and are over the testing threshold for that substance, you are instantly terminated whether you are impaired or not.

The caveat would be why you were tested in the first place?

For a reasonable cause test, you had to be observed by at least 2 sups trained in recognizing impaired behavior.

For a random, you have one shot at rehab.

 

[Johney]

Incorrect.

Article 35 spells out the substances tested for and the limits.

If you test positive for a listed substance and are over the testing threshold for that substance, you are instantly terminated whether you are impaired or not.

The caveat would be why you were tested in the first place?

For a reasonable cause test, you had to be observed by at least 2 sups trained in recognizing impaired behavior.

For a random, you have one shot at rehab.

Which is pretty much what I said. Positive test but not impaired.You can be a compulsive weed smoker and not smoke for a week and test positive.

 

[HEFFERNAN]

You are correct, since you took the test. The only slim chance you have is if UPS did not follow the contract in conducting the test.

1. Did the sup you talk to receive training in observing a person’s behavior to determine if a medical evaluation is required.

2. Were you offered a steward before taking the test.

3. Was the documentation of the your conduct prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior?



Incorrect.

Article 35 spells out the substances tested for and the limits.

If you test positive for a listed substance and are over the testing threshold for that substance, you are instantly terminated whether you are impaired or not.

The caveat would be why you were tested in the first place?

For a reasonable cause test, you had to be observed by at least 2 sups trained in recognizing impaired behavior.

For a random, you have one shot at rehab.

Not to mention he had to be pretty lit up for a cop to pull over a ups truck for swerving in the morning.......it must have been really bad and dangerous......which I would assume is not prime time for drug and alcohol stops.it must have been that obvious he was under the influence

Here's the one major question on my mind !!!

If the police officer told UPS management he seemed impaired, Why didn't the officer do a sobriety check himself ????
If the officer didn't think it was necessary, Why tell UPS he seemed impaired then ???

The only thing I can think of is that the swerving action represented an impaired judgement by the PO.
Did that give UPS the right to drug test under reasonable cause ??
If so, then any public complaint about UPS driving should lead to a drug test.
Just my thoughts.

 

[john chesney]

You are correct, since you took the test. The only slim chance you have is if UPS did not follow the contract in conducting the test.

1. Did the sup you talk to receive training in observing a person’s behavior to determine if a medical evaluation is required.

2. Were you offered a steward before taking the test.

3. Was the documentation of the your conduct prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior?



Incorrect.

Article 35 spells out the substances tested for and the limits.

If you test positive for a listed substance and are over the testing threshold for that substance, you are instantly terminated whether you are impaired or not.

The caveat would be why you were tested in the first place?

For a reasonable cause test, you had to be observed by at least 2 sups trained in recognizing impaired behavior.

For a random, you have one shot at rehab.

I would make the argument that the contract states you need to be observed by 2 trained observers if I was representing him however based on the statement by the police officer I think at the panel it would be a hard case to win. I've seen theses cases at state And Jac and sometimes they come with police dash cam video and it's not pretty

 

[john chesney]

Here's the one major question on my mind !!!

If the police officer told UPS management he seemed impaired, Why didn't the officer do a sobriety check himself ????
If the officer didn't think it was necessary, Why tell UPS he seemed impaired then ???

The only thing I can think of is that the swerving action represented an impaired judgement by the PO.
Did that give UPS the right to drug test under reasonable cause ??
If so, then any public complaint about UPS driving should lead to a drug test.
Just my thoughts.

This is a good argument.I would make this argument that if officer thought he was impaired he had a duty to follow the law but didn't. I would need to see police report and hope there wasn't one. I would also hope only one supervisor was there that heard the officers statement about being impaired.

 

[clean hairy]

You are correct, since you took the test. The only slim chance you have is if UPS did not follow the contract in conducting the test.

1. Did the sup you talk to receive training in observing a person’s behavior to determine if a medical evaluation is required.

2. Were you offered a steward before taking the test.

3. Was the documentation of the your conduct prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior?



Incorrect.

Article 35 spells out the substances tested for and the limits.

If you test positive for a listed substance and are over the testing threshold for that substance, you are instantly terminated whether you are impaired or not.

The caveat would be why you were tested in the first place?

For a reasonable cause test, you had to be observed by at least 2 sups trained in recognizing impaired behavior.

For a random, you have one shot at rehab.

The original post states that his Supervisor had to come pick up his truck which still had air on it, which might mean he was placed in metal bracelets and taken away by the Police.
Since OP will not provide any more detail, I would have to guess that he was taken in by the Officer, and tested at the station, or taken to a medical facility for testing, and the test was not initiated by UPS.
OP also left out if he was given any road side tests to determine if he might be under the influence.

 

[Johney]

The original post states that his Supervisor had to come pick up his truck which still had air on it, which might mean he was placed in metal bracelets and taken away by the Police.
Since OP will not provide any more detail, I would have to guess that he was taken in by the Officer, and tested at the station, or taken to a medical facility for testing, and the test was not initiated by UPS.
OP also left out if he was given any road side tests to determine if he might be under the influence.

Police thought he had a warrant?

 

[Operational needs]

Police thought he had a warrant?

Yes. He pulled someone else's record with same name.

 

[clean hairy]

Police thought he had a warrant?

He stated the Officer realized it was the wrong person, but then decided to investigate further the erratic driving?
Can only try to piece together what happened from the info provided in the original post, as OP has declined to give any more info since the first post.

 

[Operational needs]

Single parent too. Will the OP lose custody of the children?

I'm pretty sure the other parent would have to have proof of drug use.

 

[Johney]

Yes. He pulled someone else's record with same name.

I know I was just reminding clean.

 

[Johney]

He stated the Officer realized it was the wrong person, but then decided to investigate further the erratic driving?
Can only try to piece together what happened from the info provided in the original post, as OP has declined to give any more info since the first post.

The whole post is confusing.

 

[over9five]

I'm pretty sure the other parent would have to have proof of drug use.

Sounds like they'll have it if he loses his job because he failed a drug test.

 

[Nothing by 1030 anymore]

Hi I need a couple of questions answered by someone with experience in the matter because my union reps are ignoring me and making judgements about me. Firstly I was a package car driver for ups for going four years. Last week I got pulled over by an officer he ask why I was swerving my reason why doesn't matter who was a jerk ran my license came back said I had a warrant wouldn't tell me why call my supervisor from my phone to pick up the truck which had airs on it. But come to find out he had the wrong person but Told my supervisors I seemed intoxicted got test and put out of service into the results come in an entire week nothing. Union reps no help I feel they are blowing me off I feel is be they are thinking I'm I under the influence or I don't know. After I ask for help like I was instructed. I'm stressed out my mind reach to them to see what I have to do nothing. I know it's grounds for termination but I was be feed false hope that I may get my job back but what I got replied back for a question of an article I found the article 37 he sent back hurt. I felt like they don't care or anything they can do. I never felt so hurt and betrayed. I understand I'm in the wrong but I shouldn't be threatened like I'm bothing them or ignored.I hav children I'm a single parents and need to what to do. I got questions can't ask no one. This was my last shot at any information. And do anyone think I have a shot at my job or any cases where a drive got his or her job back.

Nobody likes you AND ur high...we don't want you back

 

[Operational needs]

Sounds like they'll have it if he loses his job because he failed a drug test.

Not if UPS won't give up the info.

 

[Nothing by 1030 anymore]

The whole post is confusing.

That's because he's high