Positive Results & Refusal-to-Comply Instructions

DOT Requires Employers to Remove Drivers from the Road Immediately and give Drivers an SAP Referral who Test Positive or Refuse-to-Comply

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

• SAPlist is a Searchable Database where Employers and Drivers can find a Substance Abuse Professional (SAP) after a Drug and Alcohol Violation under 49 CFR Part 382.  Over 700 SAPs Nationwide are listed on SAPlist
• Document the Driver was given an SAP Referral

Express Labs MRO Reports Positive, Adulterated or Substituted Drug Test Results & Refusal-to-Comply as specified in 49 CFR 40.191

Employers Report the Following Violations to the FMCSA Clearinghouse - Click Here

• Positive Alcohol Results of .04 or Higher
• Refusal-to-Test (Alcohol) as specified in 49 CFR 40.261
• Refusal-to-Test (Drug) not Requiring a Determination by the MRO as specified in 49 CFR 40.191
• Actual knowledge that a Driver has used Alcohol On-Duty, within 4 hours of coming On-Duty, used Alcohol prior to Post-Accident Testing or has used a Controlled Substance (Drugs)

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

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

Can Drivers Contest Positive or Refusal-to-Comply 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.  Your company is charged $200 for Quest Diagnostics to ship sample B to another Laboratory for Testing

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

• The Driver may contact the MRO if there are any questions regarding a Positive Result or Prescriptions.  Only the MRO can discuss Prescriptions with Drivers.  MRO Phone: 800-526-9341.

What is a Split Specimen Confirmation Test? (Contested Result)

In accordance with DOT Regulations, the Driver has Authorized Bottle B (Split Specimen) Confirmation Test of their Urine Specimen (Contesting the Results).  The Process will begin Immediately upon Review of Documentation and the Driver's Verbal Request.  The Specimen that will be Tested is currently on Reserve at Quest Diagnostics Laboratory

• DOT Requires the Sample to be Shipped Overnight to another Laboratory.  The Sample must be Designated as Hazardous Materials
• Your Company is charged $200 for Sample B to be Hazmat Shipped by FedEX Overnight to another Laboratory.  The MRO Authorizes the Transfer of Bottle B to another SAMSHA Certified Laboratory for Confirmation
• If the Driver wants to Rescind the Request to Contest the Results, and the Process has not been Initiated, they may Contact the Medical Review Officer at 800-526-9341
• Federal Law Prohibits the Employer from Delaying or Canceling this Testing Process with regard to any monetary issues

 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