Positive Results Instructions

• Step 1: Employers must Remove the Driver from the Road Immediately
• Step 2: 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.  Your company is charged $200 for Quest Diagnostics to ship sample B to another Laboratory for Testing

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: Employers must 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

When is an Employer Required to Report a Refusal-to-Test?

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

Refusal-to-Comply

"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.  Drivers are not permitted to Drive a Commercial Vehicle until they complete DOT's Return-to-Duty Process

Refusal-to-Comply Instructions

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

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

What is a Positive Alcohol Test Result?

• Positive Alcohol Test Results are .04% or higher

Alcohol Test Result between 0.02% and 0.039%

This is considered a violation, but not a positive test under DOT rules.  The driver must be removed from duty for at least 24 hours, per 49 CFR §382.505.

Negative Alcohol Test Result

• A negative alcohol test result occurs when Less than .02%.