Refusals That Should Not Be in the Clearinghouse: What You Need to Know

For safety-sensitive employees regulated by the Department of Transportation (DOT), the Clearinghouse is a crucial tool for tracking drug and alcohol testing violations. However, not every situation qualifies as a refusal, and some cases are mistakenly reported. This blog explains when refusals should not be reported, how to handle incorrect entries, and what both employees and employers can do about it.

When Is a Pre-Employment Test Refusal?

Refusals during pre-employment testing can only occur under specific circumstances.

A valid pre-employment refusal occurs when an applicant shows up at the collection site, begins the testing process (such as selecting a collection container), but then leaves without completing the test. If an applicant refuses to provide a second sample after an out-of-temperature specimen, this also qualifies.

However, if the applicant simply doesn’t show up to the collection site or chooses not to move forward with the job, this is not considered a refusal. Just being told to take a test without appearing does not violate DOT rules and should not be reported in the Clearinghouse.

What Happens If a No-Show Is Mistakenly Reported?

If a no-show is mistakenly reported in the Clearinghouse as a refusal, the consequences can still move forward unless action is taken. The employee will be required to see a Substance Abuse Professional (SAP) and begin the return-to-duty process, even if the violation is later deemed invalid.

To challenge the incorrect report, the employee must file an appeal using the DataQ system. However, they must still proceed with the SAP process while the appeal is pending to remain compliant. If the appeal is successful and the violation is removed, the follow-up testing plan is canceled, and the employee is no longer subject to the return-to-duty process.

Best Practices for Employers

Employers must ensure that only valid refusals are reported to the Clearinghouse. Understanding DOT rules is key—specifically, knowing that a no-show for a pre-employment test is not a refusal. Employers should support their employees in appealing mistaken entries via the DataQ system and maintain open communication with their Designated Employer Representatives (DERs) and collection site personnel to avoid reporting errors.

For Employees: What to Do If You’re Mistakenly Reported

If you discover that you've been mistakenly reported to the Clearinghouse for a refusal, it’s essential to act quickly. Begin the SAP evaluation process while simultaneously filing an appeal through the DataQ system. Even if you’re confident the violation will be overturned, remaining compliant ensures there are no additional issues. Keep in mind that SAP fees are non-refundable, even if the refusal is later removed. However, once the entry is corrected, your follow-up testing plan will no longer apply.

Final Thoughts: Ensuring Accuracy in the Clearinghouse

Refusals that don’t belong in the Clearinghouse can lead to unnecessary stress and career setbacks. Employers should ensure their DERs and service agents are fully informed on what constitutes a valid refusal and avoid premature reporting. For employees, taking proactive steps—such as complying with SAP requirements and filing appeals through DataQ—can correct the record and minimize long-term consequences. DOT compliance can be complex, but knowing your rights and responsibilities makes the process more manageable.