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screwed by a false positve drug test

Discussion in 'Off Topic Threads' started by X2 fan, May 4, 2012.

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  1. X2 fan

    X2 fan Member

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    This past Monday AM at work, I was trying to steer a drywall cart through the shop. This cart had a mind of it's own. While going through the shop it basically pushed me into another piece of stationary equipment which tripped me up and caused me to fall onto the floor. HARD! The first thing that hit the floor was my left knee.
    Later in the day my knee swelled up a lot and I said I needed to go have it checked out. I was told to go the 'provider' that handles our drug screening/pre-employment testing. OK, fine.

    I went there and had to blow into a tube and pee into a jar. Got X-rays and a check-up and was cleared to go.

    Today I got a call that my urine test came up positive for marijuana! Bullshit! Not possible!

    I was told that I had to leave and could request that the second vial of the sample I submitted be tested at my cost. If it comes back negative, no harm, no foul and the company pays the cost.

    If it comes back positive, it's my cost and I am fired. Out of a job and f%^*$d for life.

    What ever happened to innocent until proven guilty?

    Doing a Google search shows that the vast majority of "false positives" for THC(marijuana) are caused by OTC pain killers/anti-imflamatory drugs. i.e.: ibuprofen, which I take almost daily for various aches and stiffness, heads up the list.

    My career/living is on the line here!

    Tim
  2. Twinbirds

    Twinbirds TS Member

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    you should of had a chance to claim any over the counter drugs when you submitted your pee test. yup real easy to get screwed on a drug screen if it isn't specific.
    Contact an attorney so your rights are protected on the second vial. usually to show up in a drug screen the ibuprofen has to be taken in dosages that exceed recommended usage. Failing any part of a drug test means non compliance with company policies and grounds for dismissal.
  3. Ahab

    Ahab Active Member

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    FIRST thing that you should do is to contact a lawyer who specializes in that type of problem!
  4. yakimaman

    yakimaman Active Member

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    Does your company have a written substance abuse policy? Does it state that you must submnit to a drug/alcohol test when seeking treatment for an on the job injury? Did the Medical Review Officer contact you to discuss the findings prior to notifying your employer? Did you tell him/her about your OTC drug usage? I've been running a comprehensive drug and alcohol testing program for the last 15 years - never heard of a false THC report due to OTC drugs. If so, you should have been discussing it with the MRO prior to the notification to your employer.

    rm
  5. cnsane

    cnsane TS Member

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    Geez, I guess you never can tell just who has a drug problem. Because the insurance company promised that this situation would never occur (just ask Yaki). Tell them you are a victim and need to go to rehab on their dime. Fighting it means that you don't want to be cured of your horrible and dangerous addiction- playing the game means you get a few weeks unpaid vacation and get to meet people suffering similar circumstances.

    I eat poppy seed muffins, charnushka seed rolls, and take antihistamines just so I can tell them I'm a heroin addict running a meth lab to support my habit and the stress of drug testing made me smoke pot to sleep at night (I work graveyards). Then I tell them that it's the only test you can study for every day and still fail. Management gets a pained look on their faces, but haven't 'pissed me off' yet.

    If every last one of us had told them to stick it in their asses when they first invented the whiz quiz, you and countless others would not be in the situation you are forced to deal with today. But most of us thought it would be a good idea because, "Hey, it don't affect me".
  6. HSLDS

    HSLDS Active Member

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    Have the second test done here - NO WHERE ELSE! http://nmslabs.com/

    They are the best testing lab in the USA (probably the world), you can hire them privately. It might be pricey, but it's the rest of your working life...

    http://nmslabs.com/tests/Cannabinoids-Screen--Urine/9356U
  7. GW22

    GW22 Active Member

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    Tim:

    Regardless of why you tripped or whether you were high, let's get real -- when was the last time you smoked weed? Just man-up and answer honestly.

    -Gary
  8. grntitan

    grntitan Well-Known Member

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    Despite what Google told you, I ain't buying the OTC meds. As a truck driver, I've done a lot of bottle peeing and taken about every OTC and prescription anti-inflammatory out there. Never had nor never heard of this causing false positives. I do know weed is still detectable in your system 30 days or longer after smoking it. You can also test positive if you were in close proximity of someone smoking weed(2nd hand smoke) although good luck proving that one.

    Personally, I think it's time to man up and face the issue at the root. My opinion anyway....
  9. g7777777

    g7777777 Active Member

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    You need to hire an attorney

    Look in your local area and hire an attorney that does labor and employment law.


    Regards from Iowa

    Gene
  10. GW22

    GW22 Active Member

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    Yes, pay an attorney a few grand you probably don't have, on the outside chance they can get your job back at a place that chose to can you.

    Or just learn your lesson, quit smoking weed, move on and find another job. It's called being a man. Try it.

    -Gary
  11. TOOLMAKER 251

    TOOLMAKER 251 TS Member

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    About 4 years ago my doctor referred me to another doctor and he drew blood samples. The next visit he asks me how long was I on methadone for because one of the tests came back that I was positive for using this drug. Even though I was already retired I demanded a retest because somehow the samples must have been accidentally switched (I was extremely pissed). I also told him I never took nor did I know anybody who ever took this kind of drug. The only prescription drugs that I was taking at the time was Lipitor and Ultram ER and he said these drugs would not show up as methadone, well the 2nd test came back the same as the 1st. Go figure.
  12. GW22

    GW22 Active Member

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    "I was at a concert last night, I swear!"

    -Gary
  13. Recoil Sissy

    Recoil Sissy Active Member

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    Prior to retirement, I was in three separate U.S. Dept. of Transportation drug testing data bases. Each of them made me subject to random drug tests. I filled jars on a pretty regular basis. All of my people were in at least one data base and depending their specific job, sometimes two.

    Initial SCREENING for drugs is cost effective. However, it SCREENS for a number of different drugs and the results of SCREENING are NOT definitive. A gas chromatograph-mass spectography OTOH tests for the specific chemical composition of a specific suspected drug. It is THE definitive TESTING method to confirm or refute positive screening results. GC-MS is expensive but there are no false positives. If my economic future was on the line, I'd absolutely insist on GC-MS testing.

    sissy
  14. GW22

    GW22 Active Member

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    "I ate two huge poppyseed bagels just this morning, I swear!"

    -Gary
  15. jmac_cope

    jmac_cope Member

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    One thing that interesting about drug testing is that Marijuana in metabolized much more slowly than other drugs. ie it is metabolized in fat cells rather that only in blood cells. This means that positive results for THC (marijuana) can show up as long as 30 days or so after marijuana use. Positives for THC can also show up when exposed to high levels of second hand marijuana smoke.(rare)
    This all begs the question that if one were to show a positive result of THC in a urinalysis, it is NO indication that one is "high" or under the influence of THC.

    JMAC
  16. AveragEd

    AveragEd Active Member

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    If you are certain you are clean - and I'm not questioning that - challenge the test as they can be flawed. I'm not familiar with that kind of testing but I have been involved in DUI balloon tests and know how they can be screwed up.

    Back in the mid-1970s, I thought I wanted to follow in my FBI agent-father's footsteps and left the car business for three years on a local police department. During that time, I followed a driver exhibiting all the classic drunk driving symptoms so I stopped him. He smelled drunk, he looked drunk, he failed every field sobriety test and he even admitted he was drunk. I took him back to our office only to discover that all of our sobriety testing equipment was out on a multi-PD DUI checkpoint activity so I borrowed one from a neighboring department. The test was administered, the subject was cited and driven home.

    A few days later, the test results came back. The subject's blood-alcohol level was 0.0! We eventually learned that the department from which I borrowed the test kit stored them on a window sill and they are extremely sensitive to UV rays.

    If test can be mishandled in such a way as to yield a false negative result, I would imagine the opposite can happen.

    Ed
  17. slipping into darkness

    slipping into darkness TS Member

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    > I believe this person is whiter than snow, are there any employees that would want your job!!!! Good luck clearing your reputation.
  18. GW22

    GW22 Active Member

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    "I rode the bus to work and some hood-rats were smoking pot right next to me, what was I supposed to do?"

    -Gary
  19. RickN

    RickN Active Member

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    Take a trip and never leave the farm.
  20. X2 fan

    X2 fan Member

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    Yes, I was informed of the test result before my employer was.
    Yes, there is a written policy on substance abuse.
    The second test is going to be from the same place, which does not favor me much I think.
    I will contact a lawyer Monday.

    Tim
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