When it comes to drug testing, a positive or negative result is usually straightforward. But what happens when a DOT employee refuses to test?
This is where things can get confusing- especially for employers regulated by the Department of Transportation (DOT). Understanding who determines a refusal, what constitutes a refusal, and how it must be documented is critical for compliance and protecting your business.
So, who decides if it's a refusal?
One of the most common misconceptions is that the collector determines a refusal to test. In reality, collectors only document what occurred during the testing process.
The Designated Employer Representative (DER) is the one responsible for officially determining whether a refusal has occurred, especially in cases where a specimen was never collected and sent to the lab.
For alcohol testing, the responsibility always falls on the employer.
While the Medical Review Officer (MRO) handles refusals related to adulterated or substituted specimens, many refusal scenarios require employer evaluation and documentation.
Employer-Determined Refusals to Test
Here are key scenarios where employers are responsible for determining a refusal to test:
- Failure to appear at the collection site when directed
- Leaving the collection site before the process is complete
- Failure to provide a urine specimen
- Refusing observed collections
- Not cooperating with any part of the collection process
- Possessing a device that could tamper with the specimen
- Admitting to the collector that the specimen was adulterated or substituted
- Failing to appear or remain for an alcohol test
- Not providing a sufficient breath sample
- Refusing a required medical exam related to testing
MRO-Determined Refusals
The Medical Review Officer will determine a refusal in the following cases:
- The donor refuses a medical exam required by the MRO
- Admits to the MRO that the sample was adulterated or substituted
- Provides an adulterated or substituted specimen
- Fails to provide enough urine without a valid medical reason
FMCSA Requirements
Since January 6th, 2020, ALL refusals must be reported to the FMCSA Clearinghouse. This includes both the refusal itself and supporting documentation. Employers must report refusals by the third business day after determining or learning of a refusal.
Examples of supporting documentation:
- Emails or records showing when and how the employee was notified to test
- Details of when and where the employee was scheduled to appear
- Confirmation that your C/TPA was authorized to report the violation (for owner-operators)
- Proof that the employee was given a copy of all documentation related to the refusal
Important note: If the refusal is based on the applicant admitting to the collector that they tampered with the sample, only admissions made directly to the collector may be reported.
All in all, refusals aren’t always black-and-white. That’s why proper
documentation is mandatory. The DER must collect detailed
notes, statements from collectors, and affidavits when necessary to support the
decision to classify an event as a refusal to test.