What Happens If I Refuse a DOT Drug Test?

Let’s be clear on what it means to refuse a DOT drug test before diving into what happens afterwards. According to DOT Rule 49 CFR Part 40 Section 40.191, an employee has refused to take a drug test if:

1. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT 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 DOT 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 MRO as part of the verification process, or as directed by the DER 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 MRO 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 observer’s 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 MRO that you adulterated or substituted the specimen.

Once the MRO reviews and verifies that a DOT employee has refused a DOT drug test, the employer or TPA will immediately remove the employee from performing the safety-sensitive function until successful completion of the return-to-duty process with a qualified substance abuse professional. This means that if you are a truck driver, you will no longer be driving your truck until you meet with a substance abuse professional, they evaluate you, prescribe you a course of treatment and you complete this return-to-duty process at your own cost. *You will be drug tested at least 6 times in the next 12 months, and up to 60 months.

If you would like to know more about refusing a DOT drug test, please give our office a call at 800-221-4291!

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