FMCSA rule 49 CFR 382.211 bars a driver from refusing a required pre-employment, post-accident, random, reasonable suspicion, return-to-duty or follow-up test. The same section states that no employer shall permit a driver who refuses such a test to perform or continue to perform safety-sensitive functions.
A refusal is reported to the FMCSA Drug and Alcohol Clearinghouse. Under 49 CFR 382.705(a), the MRO reports certain refusal determinations, such as an adulterated or substituted specimen, within 2 business days. Under 382.705(b), the employer reports other refusals, including a refusal to take an alcohol test, by the close of the third business day after obtaining the information.
Under 49 CFR 40.23(d), an employee who has violated a DOT drug and alcohol regulation may not return to safety-sensitive functions until completing the return-to-duty process in Part 40, Subpart O. That process starts with an evaluation by a substance abuse professional (SAP). Under 49 CFR 40.287, the employer must give the employee a free list of SAPs.
What counts as a refusal is defined in 49 CFR 40.191 for drug tests and 49 CFR 40.261 for alcohol tests. SAPs who conduct DOT evaluations are listed in the MyDrugTesting.com directory and can be searched by location and service.
Sources: 49 CFR 382.211, 49 CFR 382.705, 49 CFR 40.23, 49 CFR 40.287, 49 CFR 40.191, 49 CFR 40.261
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