ComplaintsforMedway Onsite Healt Solutions Inc

• Initial Complaint

  02/25/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 01/21/2022 around 4 pm. I went to take a drug test for a company called Via share ride. I had to test the test three times because I did not fill the cup to there standard each time she poured them out and stated that tis would be a refusal..... And that she would put in the notes i tried three times around 5:15 I got this email from Via! Dear *******,Thank you for reviewing and accepting River North Transit LLC's Drug and Alcohol Policy.Please find attached a copy of our policy, and a copy of the agreement you reviewed.We look forward to partnering with you!- Team Via I have been falsely accused of using DRUG! First of all I don't do drugs and where or who did you get urine from. This is my reputation we are speaking of. I have asked VIA to send me to another location to take the test. Which I think is.

  Business response

  02/25/2022

  The complainant (donor) reported to our facility for a DOT pre-employment urine drug screen on 2.21.22 @ 3:40 p.m.  DOT drug screen collection guidelines are federally mandated (49 CFR Part 40). Per DOT guidelines, a donor must provide a minimum of 45mL of urine to be considered adequate volume prior to laboratory shipment and submission for testing. If a donor provides a specimen that yields an insufficient quantity, less than 45mL, the specimen must be discarded, and the shy bladder process begins. The donor can consume up to 40 oz of water over a 3 hr. period and must not leave the collection site until a valid specimen has been provided. If these instructions are not followed, it is considered a refusal to test, which is treated the same as a positive test result.  The donor was instructed of shy bladder procedures and expressed understanding of such, but felt it was illegal for our staff to inform her if she left the collection site, it would be considered a refusal to test.  It is considered a refusal to test due to non-compliance of federal drug screening guidelines. Once the donor left the collection site, the chain of custody was broken, and the collection process was terminated. Thus, a specimen was not sent to the laboratory.  This incident yielded a positive test result due to donor's failure to comply. Additionally, federal guidelines require collectors to immediately notify the *** (Drug Employer Representative) immediately following a refusal to test, adulteration or substitution of a specimen.  Our staff did such as soon as the donor left the collection site at 5:35pm, after 3 unsuccessful attempts. Thank you for bringing this to our attention and allowing us to rectify this matter in a professional manner. 

   

  Respectfully yours, 

   

  MedWay ********. 

  Customer response

  02/28/2022

  Complaint: ********
  
  I am rejecting this response because: they couldve place this information and the response back to via the company I applied for rather than making it seem as if I do drugs the company would have sent me a retake test instead I received an email stating I use drugs with not one but two counselors information to seek help for drug addiction can you imagine how many people were denied a job because of this type of feedback and they probably never took action this is against my Morals and character I do not use drugs! I now need to know if this is considered defamation of character because I cannot let this go this is on that companies foul what is near future I had to look to them for employment Likely Imo payroll tax analyst this was something I wanted to do part time please advise
  
  Regards,
  
  ***********************

  Business response

  02/28/2022

  I have provided a URL link for your review and record retention that specifically addresses *** drug testing and refusals to test. *** Rule 49 CFR Part 40 Section ****** | *******************************. https://www.transportation.gov/odapc/part40/40-191

  *** Rule 49 CFR Part 40 Section ******
  Subpart IProblems in Drug Tests
  ****** What is a refusal to take a *** drug test, and what are the consequences?
  
  (a) As an employee, you have refused to take a drug test if you:
  
  (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable *** agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see 40.61(a));
  
  (2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see 40.63(c)) for a pre-employment test is not deemed to have refused to test;
  
  (3) Fail to provide a urine specimen for any drug test required by this part or *** agency regulations; Provided, That an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see 40.63(c)) for a pre-employment test is not deemed to have refused to test;
  
  (4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see 40.67(l) and 40.69(g));
  
  (5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see 40.193(d)(2));
  
  (6) Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for instance, 40.197(b));
  
  (7) Fail to undergo a medical examination or evaluation, as directed by the *** as part of the verification process, or as directed by the *** under 40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the *** will cancel the test; or
  
  (8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector).
  
  (9) For an observed collection, fail to follow the observers instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.
  
  (10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
  
  (11) Admit to the collector or *** that you adulterated or substituted the specimen.
  
  (b) As an employee, if the *** reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
  
  (c) As an employee, if you refuse to take a drug test, you incur the consequences specified under *** agency regulations for a violation of those *** agency regulations.
  
  (d) As a collector or an ***, when an employee refuses to participate in the part of the testing process in which you are involved, you must terminate the portion of the testing process in which you are involved, document the refusal on the *** (including, in the case of the collector, printing the employee's name on Copy 2 of the ***), immediately notify the *** by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received. As a referral physician (e.g., physician evaluating a shy bladder condition or a claim of a legitimate medical explanation in a validity testing situation), you must notify the ***, who in turn will notify the ***.
  
  (1) As the collector, you must note the refusal in the Remarks line (Step 2), and sign and date the ***.
  
  (2) As the ***, you must note the refusal by checking the Refusal to Test box in Step 6 on Copy 2 of the ***, checking whether the specimen was adulterated or substituted and, if adulterated, noting the adulterant/reason. If there was another reason for the refusal, check Other in Step 6 on Copy 2 of the ***, and note the reason next to the Other box and on the Remarks lines, as needed. You must then sign and date the ***.
  
  (e) As an employee, when you refuse to take a non-*** test or to sign a non-*** form, you have not refused to take a *** test. There are no consequences under *** agency regulations for refusing to take a non-*** test.
  

  These actions were taken by the collector.  The *** approved software used for urine drug screen collections is extremely comprehensive and will not allow the collector to terminate the test without proper documentation and answering a series of questions. This is objective data. Federal guidelines must be followed at all times.  Everything the complainant has requested of thinks what should have been done was done, in accordance of these federal regulations. 

   

  Respectfully, 

   

  MedWayOHS, Inc.

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