A Department of Transportation (DOT) drug test can occur during many points of employment. You may know what happens when you fail a DOT drug test, but what if you refuse to take it altogether? Will that cost you your job or can you simply retake the test in the future? In this post, we’ll discuss what happens after you refuse to take a DOT drug test.

Is a DOT Drug Test Refusal the Same as a Failed Drug Test?

Refusing to take a drug test has the same consequences as failing a DOT drug test.

    • Your employer must immediately remove you from safety-sensitive duties, per DOT regulations.
    • Your employer has a company policy that indicates whether to terminate your employment, allows for a second chance program or allows you to perform non-safety sensitive work. However, you cannot perform any safety-sensitive responsibilities until you have completed the DOT Return-to-Duty process (RTD) with a qualified DOT Substance Abuse Professional (SAP).

What Is Considered a Refusal to Test?

Simply saying “no” to a DOT drug test is not the only way to refuse to test. The DOT outlines a number of scenarios that count as refusal to test. Here is a list of refusals:

    • Not showing up for a urine collection or alcohol test after being directed by the employer (including an owner-operator)
    • Leaving the collection site before the test was complete
    • Not providing enough urine when directed
    • In the case of an observed urine collection, failing to permit the observation
    • Declining an additional drug test when requested by employer or collector
    • Not abiding by the steps in the urine collection process, such as emptying pockets or washing hands
    • Not cooperating during any point of the DOT drug test and/or alcohol test
    • Wearing or possessing a prosthetic device that could be used to interfere with the collection process
    • Tampering with the collection
    • Admitting to falsifying the sample – i.e. telling your collector or MRO that you tampered with the specimen

As soon as any of these events occur, your employer must immediately remove you from all safety-sensitive duties.  This includes all pre-employment candidates applying for a DOT covered position.

You must then complete the RTD process outlined by a qualified DOT SAP before returning to work.

Refusal to Test Becomes a Violation in the FMCSA Clearinghouse

If you refuse a DOT drug test, the employer is required by DOT regulations to enter that as a violation into the FMCSA Clearinghouse.  This violation would prompt you to have to complete the RTD process to return to safety-sensitive work.

If you change employment, this violation will follow you to your next employer and you will not be allowed to start work until the RTD process is complete.

Return to Duty Process after You Refuse to Take a DOT Drug Test

After refusing a DOT drug test and/or alcohol test, you will need to work with a qualified DOT SAP. You will meet with your SAP for an evaluation. From there, your SAP will provide a treatment and/or education plan for you to follow. Once you have completed those steps, you will have another meeting with the same SAP to determine if you are ready to return to work. You will be required to successfully pass an observed return to duty DOT drug test before doing any safety-sensitive work.

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Since 2018 ClaritySAP has been helping workers across Canada complete the Return to Duty Process.
 
Get started today using our online booking tool, or call us at 825-706-4913