Positive Results & Refusal-to-Test Instructions

Positive Results Instructions

• Step 1: DOT Requires Employers must Remove the Driver from the Road Immediately
• Step 2: DOT Requires Employers must Give the Driver an SAP Referral (Substance Abuse Professional)

Find an SAP Referral (Substance Abuse Professional) - Click Here

• SAPlist.com is a Database to find a Substance Abuse Professional (SAP).  Document the Driver was given an SAP Referral

Reporting Positive Results to the Clearinghouse - Click Here

• Express Labs MRO Reports Positive Drug Test Results to the Clearinghouse
• Employers must Report Positive Alcohol Results to the Clearinghouse

Can Drivers be Re-Tested for a Positive Drug Test Results?

• No.  DOT does not allow Drivers to be Re-Tested with a new Collection

Can Drivers Contest Positive Drug Test Results? (Split Specimen Confirmation Test)

• Yes.  The Driver may Request Sample B from the same Collection to be sent to another Laboratory for Testing

Split Specimen Confirmation Test – Driver Request

• Process Starts Immediately once the Driver Authorizes the Split Specimen Confirmation and makes a Verbal Request
• MRO Authorizes Transfer of Bottle B to another SAMHSA-Certified Laboratory
• Shipping Fee: Express Labs charges $200 for Hazmat Shipping of Sample B via FedEx
• Cancel Request: Driver may Rescind only if the Process has not started by contacting the MRO at 800-526-9341
• DOT Rule: Employers Cannot Delay or Cancel this Process for Monetary Reasons

Refusal-to-Test Instructions

DOT Requires the DER (Designated Employer Representative of your Company) to make the Determination if a Driver has Refused-to-Test based on Conversations with the Driver, Collector and any Notes on the Custody & Control Form.  Drivers who do not Get Tested Immediately after being Notified for Random Testing is considered a Refusal-to-Test, which is the same as a Positive Result.

• DOT's Definition: "Get Tested Immediately" page 19 Click Here
• DOT's Policy: "What happens if a Driver Refuses-to-Test" Click Here

Refusal-to-Test Instructions

• Step 1: Remove the Driver from the Road Immediately
• Step 2: Give the Driver an SAP Referral (Substance Abuse Professional)
• Step 3: Report Refusal-to-Test to the FMCSA Clearinghouse

Find an SAP Referral (Substance Abuse Professional) - Click Here

• SAPlist.com is a Database to find a Substance Abuse Professional (SAP)
• Document the Driver was given an SAP Referral

Reporting Refusal-to-Test to the Clearinghouse - Click Here

• Employers must Report Refusal-to-Test to the FMCSA Clearinghouse within 3 Business Days

Refusal-to-Comply Instructions

"Refusal-to-Comply" means that the Driver being Tested provided a Sample that was Determined to be Substituted by the Laboratory that is not Consistent with Human Urine (e.g., Abnormal Creatinine and Specific Gravity Levels).  A "Refusal-to-Comply" is treated the same as a Positive Drug Test Result under DOT Regulations

Refusal-to-Comply Instructions

• Step 1:Remove the Driver from the Road Immediately
• Step 2: Give the Driver an SAP Referral (Substance Abuse Professional)

Find an SAP Referral (Substance Abuse Professional) - Click Here

• SAPlist.com is a Database to find a Substance Abuse Professional (SAP).  Document the Driver was given an SAP Referral

Reporting Refusal-to-Comply Results to the Clearinghouse - Click Here

• Express Labs MRO Reports Refusal-to-Comply Results to the Clearinghouse

Positive Alcohol Test Result Instructions

Step 1: Remove the Driver from the Road Immediately

Step 2: Give the Driver an SAP Referral (Substance Abuse Professional)

• Find an SAP Referral (Substance Abuse Professional) - Click Here
• SAPlist.com is a Database to find a Substance Abuse Professional (SAP)
• Document the Driver was given an SAP Referral

Step 3: Report the Positive Alcohol to the Clearinghouse - Click Here

• Employers must Report Positive Alcohol Test Results to the FMCSA Clearinghouse

Alcohol Test Results:

• Positive: 0.04% or higher → Report & Remove Driver
• DOT Violation (Not Positive): 0.02%–0.039% → Remove Driver for 24+ hours
• Negative: Less than 0.02%

Refusal-to-Test - Shy Bladder / Not Staying 3 Hours

If a Driver Cannot Provide a Sufficient Urine Specimen:

• The Collector must allow up to 3 Hours with up to 40 Ounces of Water (distributed reasonably).
• If the Driver leaves early or refuses to remain for the full 3 Hours, it is recorded as a Refusal to Test.
• A Refusal is treated the same as a Positive Test Result.
• The Driver is immediately removed from Safety-Sensitive Functions (cannot operate a CMV).
• To Return, the Driver must complete the DOT SAP (Substance Abuse Professional) Process.

Refusal-to-Test – Leaving the Collection Site / Observed Collection Required

If a Driver is Directed to Take an Observed Collection by the Collector:

• If the Driver leaves the Collection Site before completing the Observed Collection, it is recorded as a Refusal to Test
• A Refusal is treated the same as a Positive Test Result
• The Driver is immediately removed from Safety-Sensitive Functions (cannot operate a CMV)
• To Return, the Driver must complete the DOT SAP (Substance Abuse Professional) Process

What Happens If an Employer Fails Report a Refusal-to-Test?:

FMCSA Violation (Employer Liability):

• DOT Regulations require Employers to Report Refusals-to-Test to the FMCSA Clearinghouse within 3 Business Days.
• Failing to Report is a Violation of Federal Law and exposes the Employer to DOT Audits, Fines, and possible Loss of Operating Authority.

Driver Remains in Violation (Unreported):

• A Refusal-to-Test is treated the same as a Positive Drug Test Result.
• If it is not Reported, the Driver could continue operating a CMV Illegally, which puts the Employer at additional Risk.

Legal and Financial Liability:

• If the Unreported Driver is later involved in an Accident causing Injury or Fatality, the Employer may face Lawsuits, Negligence Claims, and heightened Penalties for not Reporting or removing the Driver from Duty.

What Happens if an Employer Fails to provide SAP Referral after a Positive DOT Pre-Employment Test

• Regulation: 49 CFR Part 40.287 Requires Employers to Provide any Driver with a Positive DOT Pre-Employment Drug Test a Referral to a Qualified SAP
• Violation: Failure to Provide the SAP Referral is a DOT Violation
• Fine: Civil Penalties of up To $5,833 Per Violation, Per Day
• Risk: Employers may face Audit Findings, Civil Penalties, and Liability Exposure

DER Responsibilities:

For FMCSA-Regulated Collections, the Designated Employer Representative (DER) is Responsible for Determining whether a Refusal-to-Test has occurred and, if so, Entering the Violation into the FMCSA Clearinghouse. The DER must also maintain Complete Records of the Collection Event, Supporting Documentation, and the Final Determination. These Records may be Requested in the Event of a DOT Audit.

Express Labs Role:

As the Consortium, Express Labs serves only in an Advisory Capacity. The Responsibility for Identifying, Documenting, and Reporting Refusals-to-Test Remains with the Employer’s DER.