My husband and I were driving as a team for C. R England's specialize services. We had time off on Nov. 10 thru midnight Nov. 12.2003. I had a migrain headache on Nov. 11 and went to Pine Valley Hosp.in West Vally City, Utah whom gave me a shot of Denerol for pain and Phenergan for up-set stomach.
On Nov. 12 our safty manager (Larry Luke) called both my husband and myself telling us to come into his office ASAP. At that time he told us that we had both been pulled for a random drug test and to go to Shauna Garat's office in another part of the saftey building (not in the clinic). She had us sign, date and initial our CCF forms and Labels on the CCF forms in her office, but did not allow me to put my phone number on my form. My husband was allowed to put his phone number on his form, but Ms Garat told me not to worry with putting my phone number because we were a team and my phone number was not needed. She told me that if they needed to contact me that they would have my number using my husband's.
By the Federal Motor Carrier Safety Regulation Pocketbook 40.73 How is the collection process completed? I should have been allowed to list my phone number or the tester should have noted in remarks in Step 2 of the CCF form that I had refused to give my information (which I did not do) Also 40.71 How does the collector prepare the specimens? (b) (7).
After we went to the clinic inside C. R England and were tested I went to Pine Valley Hosp. And got a statment telling what medications they had given me and faxed it to Shauna Garat. Then I called her to make sure that she was attaching it to my drug test, which she said that she had gotten it and that she had handled everything.
On Nov. 14 I was fired from my job for failing a drug test. The Denerol did not show up on the drug test, but the Phenergan did show as a false-positive for THC.in the Federal Motor Carrier Saftey Regulations Pocketbook reg. # 40.159 What does the MRO do when a drug test result is invalid? After talking with the lab about my test and how the tester had tested several people at the same time she was testing me it was then noticed that my initial's were on the copy on the CCF form and the head of the Rocky Mountain Care Clinic, Inc. Said that he wanted to talk with C. R England about it.
After a week of C. R England not returning his calls he cancelled the drug test. 40.207 What is the effect of a cancelled drug test? C. R England, Inc. Is stating that they did not fire me, but that I failed a drug test and that they allowed me to resign in exchange for not having a positive drug test revealed as the reason for my termination or on my DAC report.
This is not true. I tried to keep my job by asking to speak with my saftey manager Larry Luke who said that there was nothing else to talk about. Also with the Shauna Garat, then with the head of saftey who also would not talk to me. My driver manager wanted us to stay and told William England that we were a good team. She walked us up to his office and asked him to hear us out. But after he talked with us Mr England spoke with the other head of his departments and his head of saftey told him that he felt I had done drugs and that he was protecting the company by not rehiring me.
The Utah Labor Commission has given me until Oct. 31 to find counsel. Deadline for filing Petitioner's Statement is Nov. 30.
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