Understanding Employer-Determined Refusals in DOT Drug Testing

For employees in safety-sensitive positions regulated by the Department of Transportation (DOT), drug testing is a critical component of compliance. While refusals to test can result in serious consequences, there are situations where employers have the authority to overturn a refusal and classify the incident as a canceled test instead.

This blog explores examples of employer-determined refusals, what they mean for employees and employers, and how employers can handle these situations within DOT regulations.

What Is an Employer-Determined Refusal?

In certain scenarios, a refusal reported by the collection site may not meet the criteria for a true refusal to test. Employers can determine whether the situation constitutes a refusal or if the test should be canceled instead.

Key Rule: Collection sites cannot declare a refusal. Their role is to notify the employer if an employee fails to complete the testing process. Only the employer or the Medical Review Officer (MRO) can officially classify an incident as a refusal.

Examples of Employer-Determined Refusals

Here are two common situations where an employer may determine a test should be canceled rather than classified as a refusal:

1. Collection Site Closing Before Testing Is Completed

An employee begins the shy bladder process after providing an insufficient urine sample. However, before they can complete the observed collection, the collection site closes—leaving them with no opportunity to provide the required second sample.

Employer Action: If the collection site reports this as a refusal, the employer can determine that the employee could not have completed the test due to the collection site’s closing. The employer would then classify the test as canceled.

Important Notes:

1. For return-to-duty tests or pre-employment tests, the canceled test must be repeated because a valid result is required.
2. Many collection sites stop accepting new collections after 2:00 PM to ensure enough time for shy bladder cases, as employees may need up to three hours to complete testing.

2. Employee Leaves Due to a Family Emergency

An employee leaves the collection site during testing because of a documented family emergency. For example, the employee’s child is involved in a serious accident, prompting the employee to leave the site to handle the situation.

Employer Action: With proper documentation—such as medical records or police reports—the employer can decide that the departure does not constitute a refusal. Instead, the test is classified as canceled due to the emergency.

Employer Responsibility: Employers may not always know that they have the authority to classify this type of situation as canceled. Designated Employer Representatives (DERs) should familiarize themselves with the regulations to ensure fair assessments.

What Employers Need to Know

Employers should be aware of their authority and responsibility to evaluate situations that might initially appear as refusals:

1. Review Documentation: Employers should collect and review supporting evidence, such as medical records, to determine if the employee’s actions were justified.
2. Understand Collection Site Limitations: Employees cannot choose their own collection site; they must go to the site contracted by the employer. If the collection site closes prematurely, employers can classify the test as canceled.
3. Communicate With DERs: DERs play a crucial role in assessing refusals and applying DOT regulations appropriately.

Final Thoughts: Navigating Employer-Determined Refusals

Employer-determined refusals are an important aspect of DOT drug testing that ensures fairness and accuracy. By understanding the regulations and knowing when to classify a test as canceled, employers can avoid unnecessary consequences for employees while maintaining compliance.

Key Takeaways for Employers:

1. Collection sites cannot declare refusals—only employers or MROs have that authority.
2. Employers should collect documentation and evaluate circumstances surrounding the reported refusal.
3. Canceled tests must be repeated if required for return-to-duty or pre-employment purposes.

Employers and DERs should familiarize themselves with these rules to better navigate difficult testing situations and ensure compliance with DOT regulations.