An employee who refuses to take a DOT drug or alcohol test faces the same consequences as an employee who tests positive for a DOT prohibited substance. The DOT-mandated consequences of the Return-to-Duty process must be met for you to resume safety-sensitive functions for any mandated employee. Per your company policy, you may also be terminated from your employment. Familiarize yourself with the following Refusal-to-Test situations before your next DOT drug or alcohol test.
By: John Lipp
As an employee, you have refused to take a drug and/or alcohol test if …
You fail to appear for any test (except a Pre-Employment test). Employees must arrive for a Federal drug or alcohol test within a reasonable amount of time as determined by their employer.
You fail to remain at the testing site until the testing process is complete. Leaving for any reason before all the required steps of the testing process are completed will result as a Refusal-to-Test. (Something as innocent as leaving to pick the kids up from school could be deemed a Refusal-to-Test if the collection was not completed.)
You fail to provide a urine specimen for any required drug test. The only exception is when the donor in a Pre-Employment test leaves before the collection kit is selected.
In the case of Directly Observed or Monitored collections, you fail to permit the observation or monitoring of your provision of a specimen. If you refuse to provide a specimen under the required conditions, it is a Refusal-to-Test.
For drug testing, when you fail to provide a sufficient amount of urine when directed, and it has been determined, through a medical evaluation, that there was no adequate medical explanation for a failure. In alcohol testing, failure to provide a sufficient amount of saliva or breath without a valid medical explanation is a Refusal-to-Test.
You fail to undergo a medical examination or evaluation as directed by the MRO as part of the verification process or as directed by the Designated Employer Representative.
You fail or decline to take an additional drug test the employer or collector has directed you to take.
You fail to cooperate with any part of the testing process. If the employee refuses to empty his or her pockets, behaves inappropriately or disrupts the collection process, or refuses to wash his or her hands, the collector will stop the collection and note it as a Refusal-to-Test.
You fail to sign the certification during Step 2 of the Alcohol Testing Form, as alcohol testing must be certified by the employee. Not signing the certification statement during Step 4 of the Alcohol Testing Form is not a Refusal-to-Test. In drug testing, failing to sign the certification statement during Step 5 of the Custody and Control Form is not a Refusal-to-Test.
The MRO reports that you have a verified adulterated or substituted test result. Attempts to adulterate or substitute a urine specimen are often revealed during laboratory testing.
If in a Directly Observed collection, you fail to follow the Observer’s instructions. If you do not lower and raise your clothing, as required, and turn around to prove that you are not concealing a device that could be used to interfere with the collection process, it is a Refusal-to-Test.
If in an Directly Observed collection, you are wearing or possess a prosthetic or other device that could be used to interfere with the collection, it is a Refusal-to-Test.
If you admit that you have adulterated or substituted a specimen to the Collector or a Medical Review Officer, it is deemed a Refusal-to-Test.
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