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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110466
Experience:  20+ Years of Employment Law Experience
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I am an operating engineer "heavy equipment operator" i was

Customer Question

i am an operating engineer "heavy equipment operator" i was called for a pipeline job in our jurisdiction. I drug tested on thurs. 10-6-16 had orientation with there safety coordinator on tues 10-11-16 passed all safety test.i showed up for work on wed. 10-12-16 and they said my drug test had not came back yet and for me to hang out in truck until clear. as the day passed i was kidded about not passing drug test because it was taking so long. then at the end of the day the pipe fitter came up to me and said "dont let them f**k with you, you passed your drug test". then the foreman came up to me and said i passed and we spoke of what i would be doing the next day. the next morning i showed up for work and the foreman said he recieved an email from there safety coordinator saying my test wasnt clear yet, and for me to wait for it to be cleared. as the day went on i could tell that everyone on the crew was avoiding talking to me. then about 4 pm i got a call from there medical review officer telling me i tested positive for methamphetamine. I told the MRO that i would like to have a retest done at another facility. He stated that I need to contact him by Tuesday 10/18. I had contacted him the next day and was told he was not in. The office called me back and said he would not be in but gave a cell number for me to contact him. I have called several times as well as text and have yet to recieve a response. I have tried researching my options and from what i understand, i have 72 hours to dispute the test. My issues with this is why everyone else on my crew new about this before i did. My right to privacy was violated. I would like to have a retest from an independant lab, however no one return my calls or text. Please advise as how to proceed with this issue.
Submitted: 9 days ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your next step is file for a grievance first and foremost. Next you need a local attorney because the employer should not have released the drug test results to anyone but you and your supervisor. However, from working around these jobs I can say too that they may not have released anything and the employees just know from the way you were being treated by the employer that there was an issue. So you need to find that out first.
You would also need an employment law attorney at this point because you will need to file to challenge the fact they did not allow the confirmatory test and they have not followed their policy. In the meantime while you are doing that, I would also suggest going on your own to an independent lab and having a hair follicle test done, which goes back a bit further and is more accurate to show that you have not used meth or any other illegal substance.

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