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‘Shy’ driver files lawsuit after ‘refusing’ to take drug test

A former driver for a Wisconsin-based carrier has filed suit against the company in state court, claiming that he was illegally fired for allegedly refusing to take a drug test.

Paul O. Taylor of Eagan, MN, the attorney representing the driver, said that the man in fact had agreed to the drug test, but suffers from Paruresis – also known as shy bladder syndrome – and was unable to produce the amount of urine required for the test.

Marshfield Clinic – the place that did the testing and is also named in the lawsuit – notified the carrier, Push Inc. of Rice Lake, WI, which, in turn, fired the driver several days later.

Taylor said Push did not obtain confirmation of the test from the medical review officer, which is required by federally controlled substance testing regulations.

In addition, the lawsuit charges that Push made it difficult for the driver to find another job, telling at least one carrier with whom he had applied that the driver refused to take a drug test.

Taylor said this kind of thing is not unusual in an industry where trucking companies are looking for ways to cut corners, including using inexpensive clinics for drug tests.

“You get what you pay for,” he said. “Drivers are at the mercy of these clinics.”

Taylor said he is hopeful that cases like this will send a message out to trucking companies regarding drug testing.

“We’ve gone mad with the whole drug testing thing,” he said. “There’s got to be some protection (for drivers) against trucking companies from abusing the whole drug-testing process.”

March/April
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