Positive Results & Refusal-to-Test Instructions

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

What happens if a Driver Requests a Split Specimen Test?

• If the Driver Authorized a Split Specimen Confirmation.  The Process will begin Immediately upon Review of Documentation and the Driver's Verbal Request.  The MRO Authorizes the Transfer of Bottle B to another SAMSHA Certified Laboratory.  Express Labs charges $200 for Sample B to be Hazmat Shipped by FedEX to another Laboratory.  If the Driver wants to Rescind the Request, and the Process has not been Initiated, they may Contact the Medical Review Officer at 800-526-9341.  DOT does not allow Employers to Delay or Cancel this Process for Monetary Issues

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

Employers must Report Positive Alcohol Test Results to the FMCSA Clearinghouse within 3 Business Days

• Step 1: Remove the Driver from the Road Immediately
• Step 2: Give the Driver an SAP Referral (Substance Abuse Professional)
• Step 3: Report Positive Alcohol Test Results 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 Positive Alcohol Test Results to the FMCSA Clearinghouse within 3 Business Days

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 Result under DOT Rules.  The Driver must be Removed from Duty for at least 24 hours, per 49 CFR §382.505

Negative Alcohol Test Result

• Negative Alcohol Test Result occurs when Less than .02%.