Positive Results & Refusal-to-Test Instructions

• DOT Requires Drivers to be Removed from the Road Immediately and given an SAP Referral

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

• Document the driver was given an SAP Referral

Frequently Asked Questions

Who Reports Positive Drug Test Results to the FMCSA Clearinghouse?

• Express Labs Medical Review Officer (MRO) reports Positive Drug test results to the FMCSA Clearinghouse
• Positive, Adulterated or Substituted Drug Test Results & Refusal-to-Test as specified in 49 CFR 40.191

Who Reports Positive Breath Alcohol Test Results to the FMCSA Clearinghouse?

• Employers must report Positive Alcohol Results to the FMCSA Clearinghouse for Drivers who test Positive (.04 or higher) or for a Refusal-to-Test.  This includes Pre-Employment

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

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

Can Drivers Contest Positive Drug Test Results?

• Yes.  The driver may request Sample B from the same collection to be sent to another laboratory for testing.  Your company is charged $200 for Quest Diagnostics to ship sample B to another laboratory for testing

What is a Refusal-to-Test?

• Drivers that do not Get Tested Immediately after being Notified is considered a Refusal-to-Test, which is the same as a Positive Result
• DOT's Definition of "Refusal-To-Test" (pages 25-28) Click Here

What are Refusal-to-Test Instructions for Employers? Click Here

• DOT requires the DER (Main Contact) to make the determination if a driver has Refused-to-Comply based on conversations with the driver, the Collector and any Notes on the Custody & Control Form
• Employers must remove Drivers from the Road Immediately and give the Driver an SAP Referral and Report the Violation to the FMCSA Clearinghouse

How can Drivers be Reactivated to Drive again?

• Drivers who have tested Positive, or Refused-to-Test will be Reactivated/Added to the Random Pool when negative Return-to-Duty results are reported from Express Labs Medical Review Officer (MRO).  The Driver is allowed on the Road after the Employer Reports the negative Return-to-Duty (RTD) results to the FMCSA Clearinghouse.  The SAP Evaluation Directs when the driver can take the Return-to-Duty drug test and how many Follow-Up tests are required (Minimum 6 drug tests the first year up to 5 years max)  Return-to-Duty Instructions - Click Here

What if an Owner Operators Tests Positive or Refuses-to-Test?

• Owner Operators who test Positive for Drugs or Alcohol or Refuse-to-Test will be Terminated from Express Labs consortium.  Express Labs does not manage the Return-to-Duty process for Employers or Owner Operators

What if Employers or Drivers have Questions about Positive Drug Test Results or Prescriptions?

• The Driver or Employer may contact the MRO if there are any questions regarding a Positive Result or Prescriptions.  Do not send any Prescriptions to the Collector, the Laboratory or Express Labs.  Only the Doctor (MRO) may review Prescription Medications
• Medical Review Officer (MRO): (Doctors Review Service) by Phone: 800-526-9341 or Email: email@drsmro.com