How to handle a refusal to test designation and its consequences: The refusal to test designation under DOT drug and alcohol testing regulations is serious for the career and legal situations of the commercial driver. The Department of Transportation considers a refusal a positive drug test result, which means that the driver would be immediately put out of a safety-sensitive position. Knowing why and how to fight this designation is vital to remain compliant and protect an individual’s CDL career.
Definition of Refusal to Test under DOT Regulations
Refusal to test occurs when a driver
1) Fails to present for testing;
2) Declines to provide an adequate sample for testing;
3) Leaves the scene of testing before sample provision; and
4) Engages in any conduct that interferes with the orderly process of testing.
Such cases may include failure to sign testing forms, tampering with a specimen, or refusing to provide a sufficient sample. Such conduct, per 49 CFR Part 40, constitutes an automatic DOT violation and subjects the driver to penalties identical to those for a failed drug test.
Immediate Consequences for CDL-Holding Drivers
Once any manager advises a driver of the organization’s refusal to test judgment, that driver must now be immediately relieved from safety-sensitive functions, including actual driving of a commercial motor vehicle. In addition to marking the refusal in DOT alcohol-and-drug-testing files, the employer must serve those records with documented evidence to affect any future job interviews. The driver can never return to work until completion of the Return-To-Duty (RTD) process administered by the DOT-qualified Substance Abuse Professional (SAP) involving evaluation, education, and follow-up testing for reinstatement.
Path to Recovery after Refusal to Test
To handle a refusal designation effectively, start by contacting a DOT-qualified SAP immediately. Completing the SAP program and passing a return-to-duty test shows compliance and commitment to safety mandates. The driver should keep in close contact with the employer, keep records of all actions taken, and obtain copies of SAP recommendations and copies of negative test results. Being proactive is key to building up the trust and proving compliance with FMCSA Clearinghouse requirements so as to regain driving privileges and continue the career safely.
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