Positive Results & Refusal-to-Test Instructions

Employers must remove the driver from driving immediately and provide the driver with an SAP referral.  Drivers must complete the SAP process and Return-to-Duty testing before returning to driving.

1. Remove the driver from duty immediately
2. Provide the driver with an SAP referral

• Express Labs MRO reports positive results to the FMCSA Clearinghouse
• DOT requires employers to report refusals and positive alcohol tests to the Clearinghouse

SAP Referral (Substance Abuse Professional)

Find an SAP Referral - View SAPs

• Document that the driver was given a SAP referral

Can Drivers be Re-Tested?

No. DOT does not allow re-testing of a positive result

Split Specimen Testing (Contested Results)

When a driver requests split specimen testing through the MRO, the process begins immediately.  Sample B is sent to a second SAMHSA-certified laboratory for additional testing.

Important Information

• Drivers have the right under DOT regulations to request split specimen testing
• Employers may not delay, cancel, or interfere with the process for any reason
• Only the driver may withdraw the request, and only before the process begins
• Drivers must contact the MRO directly at 800-526-9341 to request or withdraw testing
• Express Labs charges a $200 hazmat shipping fee for FedEx shipment of Sample B
• The original positive result remains valid unless the split specimen test determines otherwise

Refusal-to-Test Instructions

DOT requires employers to determine whether a test is a Refusal-to-Test based on the collector's notes and conversations with the collector and driver.  A refusal-to-test is treated the same as a positive result.  Employers must remove the driver from driving immediately and provide the driver with an SAP referral.  Drivers must complete the SAP process and Return-to-Duty testing before returning to driving.

1. Remove the driver from duty immediately
2. Provide the driver with an SAP referral
3. Report the refusal to the FMCSA Clearinghouse within 3 business days

Refusal-to-Test may include:

• Failure to appear for testing
• Leaving the collection site before the test is completed
• Refusing to provide a specimen
• Tampering with a specimen

SAP Referral (Substance Abuse Professional)

Find an SAP Referral - View SAPs

• Document that the driver was given a SAP referral

FMCSA Clearinghouse Reporting – View Instructions

Employers must report refusals and positive alcohol tests to the Clearinghouse

• Express Labs is required to report owner-operators to the Clearinghouse for refusal-to-test and positive alcohol tests

DOT Policy for Refusal-to-Test

Drivers who do not complete testing immediately after notification are considered to have refused-to-test, which carries the same consequences as a positive result.

• DOT Policy for Refusal-to-Test - View Policy
• DOT Policy for "Get Tested Immediately" (page 19) - View Policy

Positive Alcohol Test Instructions

If a driver has a positive alcohol test (0.04 or higher):

1. Remove the driver from duty immediately
2. Provide a SAP referral
3. Report the result to the FMCSA Clearinghouse

Alcohol Test Results

• 0.04 or higher (Positive): Remove from duty + SAP process
• 0.02–0.039 (Not Positive): Remove from duty for 24 hours
• Below 0.02: Negative

Compliance Notice

Positive tests and refusals are permanent DOT violations recorded in the FMCSA Clearinghouse and must be completed through the SAP process before returning to safety-sensitive duties.

Express Labs FMCSA Random Drug & Alcohol Consortium
Positive Results | Refusal-to-Test | Updated 2026