Refusal-To-Test Instructions

DOT Requires the DER (Designated Employer Representative) to make the Determination if a Driver has Refused-to-Test based on conversations with the Driver, the Collector and any Notes on the Custody & Control Form.  DOT Requires Employers to Remove Drivers from the Road Immediately, Give the Driver an SAP Referral and Report the Violation to the FMCSA Clearinghouse

• This Includes Pre-Employment Testing
• DOT's Definition of Refusal-To-Test (Page 25) - Click Here

SAP Referral (Substance Abuse Professional) 

• How to find an SAP Referral - Click Here
• Document the driver was given an SAP Referral, in the event of an Audit

Employers must Report Refusal-To-Test to the Clearinghouse - Click Here

• Refusal-to-Test (Drug) not Requiring a Determination by the MRO
• Refusal-to-Test (Alcohol)
• Positive Alcohol Results of .04 or Higher

Express Labs MRO Reports the Positive Results to the FMCSA Clearinghouse

• The Medical Review Officer Reports Positive, Adulterated & Substituted Drug Test Results to the FMCSA Clearinghouse

Frequently Asked Questions - Click Here

• Everything you need to know to keep your Company in Compliance

What is "Refusal-to-Comply"

• "Refusal-to-Comply" means that the Driver being Tested provided a Sample that was Determined to be Substituted.  A Substituted Specimen is one that is not Consistent with Human Urine, as Determined by Laboratory Testing (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.  The Driver is not permitted to perform any Safety-Sensitive Functions, such as Driving a Commercial Vehicle, until they complete the DOT's Return-to-Duty Process

Definition of Substituted Specimen

• A substituted specimen is a urine sample that does not match the expected characteristics of human urine (e.g., specific gravity and creatinine levels)
• The DOT considers a specimen substituted if the creatinine level is less than 2.0 mg/dL and the specific gravity is less than or equal to 1.0010 or greater than or equal to 1.0200.  These are clear indications that the specimen is not consistent with normal human urine

Steps for the Employer:

• The Employer must be Immediately Removed from Safety-Sensitive Functions, such as Driving a Commercial Vehicle, until they complete the DOT's Return-to-Duty Process
• Notify the employee of the Test Results and the Requirement to meet with a DOT Qualified Substance Abuse Professional (SAP)

Implications for DOT Drivers

• Refusal to Test: Under DOT regulations (49 CFR Part 40), providing a substituted specimen is treated as a refusal to test.  Refusal to test carries the same consequences as a positive drug test result
• Immediate Removal from Safety-Sensitive Duties: The driver must be immediately removed from any safety-sensitive functions, such as driving a commercial motor vehicle, as required by DOT regulations

Return-to-Duty Process

• The driver must complete the DOT Return-to-Duty Process under the guidance of a qualified Substance Abuse Professional (SAP)
• This includes an evaluation, completion of prescribed treatment or education, and successfully passing a Return-to-Duty drug test

Record in Clearinghouse

• The Refusal-to-Test will be reported to the DOT's Drug and Alcohol Clearinghouse, where it will remain on the driver's record.  Employers and prospective employers can see this information when conducting required checks

Employment Consequences

• Employers are not required to retain drivers who refuse a drug test, and many companies have zero-tolerance policies
• Future employers may view this as a red flag, which can make it harder for the driver to find new safety-sensitive employment

Additional Testing Requirements

• After completing the Return-to-Duty process, the Driver will be subject to Follow-Up Testing for up to 5 years, as directed by the SAP