Positive random test after not smoking since jan... HELP!!

Discussion in 'Urine Testing' started by footballer74, Mar 10, 2007.

  1. footballer74

    footballer74 New Member

    Ok guys and gals, I passed my drug test IN january using n2's method... They popped a random drug test on tuesday march 7th. I thought I would be ok I didnt use to smoke very regularly and I have been losing a lot of weight so i figured since it's been damn near 2 months that id be fine. I have not smoked weed since january 12th, I passed the first test on january 29th.

    So they come get me yesterday explain to me I tested positive for THC on my drug test and I am required to leave the jobsite immediately. I explain there must be a mistake and they said it is highly unlikely. They say IF I dispute this test they will retest the sample I already gave, find out the levels, call me and ask me if I have been taking any prescription drugs that might have caused a positive... I mean I cant think of anything I have been taking other then pennicilin two times a day for a bad cold I had, and I drink a monster energy drink every morning.. But I have been clean for almost 2 months. They said if I can give a valid reason why I tested positive then they would allow me to retest on their terms and I would be paid for the time missed.

    I need help, I dont know what to do. Any feedback would be greatly appreciated from anyone that has been through this situation. Thanks in advance.
     
  2. nerphroll

    nerphroll Sr. Member

    Wow, that sounds very atypical.
    You weren't a very regular user before you stopped in January? You had 54 days clean?
    You have nothing to lose by having the original sample retested, or by trying another test and diluting a little on the side. But what reason could there be? Perhaps you're simply an outlier? Are you sure you've had no exposures?

    This is a toughie. Sorry.
     
  3. 1tokeovertheline

    1tokeovertheline New Member

    Releasing it from fat cells?? He said he has been losing alot of weight.
     
  4. footballer74

    footballer74 New Member

    Well before November I used to smoke pretty heavily... roughly a quarter of some high quality every 2 weeks. But after November I probably smoked an 8th of schwag every 2-3 weeks.. In january I only smoked one time which was around 2 weeks before the pre em.

    Yeah they wont allow a retest unless someone messed up on the test on the original or if I can give an explanation as to why im positive that is medically acceptable. I will dispute, and have them retest the original sample, but im not sure where to go from there. I was going to go get another drug test done at the clinic this morning but their not open until monday, I took an at home test this morning and came back negative... I am just not sure.
     
  5. footballer74

    footballer74 New Member

    That's what I thought 1toke, I have probably lost 15 pounds since january, 5 of it being the last couple of weeks. But I didnt use the first void for the test and I caught it mid stream.. I thought I would be all good but I guess I wasn't. They said when the lab retests they will tell me my exact levels, and ask questions and all that so when I get that info I will post it..

    I was reading and I know everyone has SOME thc in their system... I hope they can tell me what the allowable limit is...
     
  6. Secs

    Secs New Member

    Didn't the MRO call you for you after it first tested positive? From the sounds of it, (mind you , this is speculation), your specimen was not subjected to a lab test first, but rather used an instant and are basing the positive on the instant results. Ask to see the lab report. If they admit that they used an instant test, the by all means re-test.

    50% of all those that show a non-negative on an instant test come back from the lab as negative.

    If your specimen was sent to a lab, the Medical Review Officer (MRO) would have called you about your test. Since they gave that to you as an option for a "re-test", and you didn't mention that an MRO called you for the initial test, I am inclined to think they didn't have that option for the initial test, leading me to believe it was an instant. Instant tests are subject to the interpretation of a collector. If a collector gets antsy calls a faint line a "Positive" and sends in a specimen with a very faint line, it should come back as negative from a lab.

    You have a right to request a copy of the results (make the request in writing, not verbal). Check that there are levels and a certifying scientist that signed the lab report. Also check to see if there was a MRO who signed a different report.

    Bottom line: If I were you, I would ask for a re-test. What do you have to lose?
     
  7. footballer74

    footballer74 New Member

    Heres what happened: Took the test on tuesday, worked until friday, on friday they brought me to the office explained to me I was positive for THC but they didnt have the exact results at this time. I called the HR place to dispute, they said I had to submit a letter in writing informing them I dispute this test.

    They didn't do an instant stick test right there, it was sent directly to the lab, it was a construction/pipeline job. I never got a phone call from the lab nor was I given a phone number to the lab. After the letter is sent they would have the lab retest the sample already taken, call me, and ask me questions as to why it might be positive such as a prescription for the marijuana itself or a prescription drug. Only if they deemed the reason fit(which I dont have one) then they would allow me to retest. So basically I guess im screwed it seems.. I was thinking about going to get a test monday and then if it was negative get a lawyer but I don't want to go through all that trouble and have to get a lawyer.

    Thanks for the input, ill let you know what the lab says.
     
  8. Secs

    Secs New Member

    What I said above still applies. For a DOT regulated pipeline (the agency PHMSA), test, it is the exact same as a DOT regulated Truck Driving (FMCSA) job. An MRO must talk to you first, and only a report from a MRO can deem you to be positive. If the MRO didn't call you for your first test, they didn't follow regulations. Especially if they are offering the MRO review for the re-test.

    Your specimen was split into two specimens. One was tested, the other was put in storage. It is this second vial containing the split portion of your specimen that would be sent to a second lab. This specimen must confirm the findings of the first specimen.

    I don't have the link here now, but the federal regulation you want is 49CFR, Part 40, read the sections regarding the MRO and Laboratory findings. I think it starts somewhere around Part 40.90 and beyond.

    Ask in writing to see the first specimen results. Also ask for the name of the MRO who reviewed the test. If there was no MRO, then the test was not valid for someone working on a Flammable or Pressurized Pipeline, Hazardous Materials Job.
     
  9. footballer74

    footballer74 New Member

    Ill try that, thanks a lot sec3. Ill let you pplz know what happens.. <3
     

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