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Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 29012
Experience:  30 years experience representing clients .
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i have LDA and adhd my work knows this i carry a CDL and i

Customer Question

i have LDA and adhd my work knows this i carry a CDL and i have random drug tests . three times i have had problems i take adrreall and they know this. this last time let put me on a no work staus no pay even though i proved i was on addreall . i have to pay for drug classes. they even wonder why i am there knowing that i am not a drug addicet. i work at my job for 20 years never been late.hard worker. and they they keep doing this to me . my bosses like me . they felt bad doing this to me but the law is the law .sorry my husband just told me you was a differnt kinda lawyer.
Submitted: 4 years ago.
Category: Business Law
Expert:  Loren replied 4 years ago.
Cite this statute to your employer from the DOT. It should clear up the confusion.

§ 382.213Controlled substances use.
(a) No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any drug or substance identified in 21 CFR 1308.11 Schedule I.
(b) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in §382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.
(c) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.
(d) An employer may require a driver to inform the employer of any therapeutic drug use.
[77 FR 4483, Jan. 30, 2012]
Expert:  Loren replied 4 years ago.
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