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

How to Report Violations to the FMCSA Clearinghouse - Click Here

Employers must report the following violations to the FMCSA Clearinghouse:

• Refusal-to-Test (Drug) not Requiring a Determination by the MRO as specified in 49 CFR 40.191
• Refusal-to-Test (Alcohol) as specified in 49 CFR 40.261
• Positive Alcohol Results of .04 or Higher
• 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)

* Supervisor Training Course (Online)

• DOT Requires all Supervisors take the Supervisor Reasonable Suspicion Training Course to Add Drivers to the Random Pool (Owner Operators are Exempt).  The Purpose of this Training is to enable Supervisors to Recognize and Determine the Signs and Symptoms of Drug and Alcohol Abuse to send Driverd for Reasonable Suspicion Drug or Alcohol Testing
• How to Order the Online Course: The FMCSA Supervisor Reasonable Suspicion Training Course can be Ordered on the Left Side Tabs in your Express Labs Account.  Express Labs charges $100 for the Online Course
• Certificate: When the Supervisor Passes the Course the Certificate of Completion can be Printed