What does 49 CFR 40.191 (What is a refusal to take a DOT drug test, and what are the consequences?) require?

According to 49 CFR 40.191, an employee refuses a DOT drug test if they engage in any of the following actions:

* Failing to appear for any test (except a pre-employment test) within a reasonable time after being directed by the employer, including when called by a C/TPA.

* Failing to remain at the testing site until the testing process is complete (though leaving a pre-employment site before testing commences is not a refusal).

* Failing to provide a specimen for any required drug test (excluding leaving a pre-employment site before testing starts).

* Failing to permit observation or monitoring during a directly observed or monitored urine collection.

* Failing to provide a sufficient specimen amount when directed, without an adequate medical explanation determined through a required evaluation.

* Failing or declining to take an additional drug test directed by the employer or collector.

* Failing to undergo a medical examination or evaluation directed by the MRO or DER (for pre-employment, only if there was a contingent offer of employment).

* Failing to cooperate with any part of the testing process (such as refusing to empty pockets, behaving in a disruptive or confrontational way, failing to wash hands, failing to remove objects from the mouth, failing to permit oral cavity inspection, or failing to complete a rinse).

* Failing to follow an observer's instructions during an observed urine collection to adjust clothing and turn around to check for prosthetic or interfering devices.

* Possessing or wearing a prosthetic or other device that could interfere with the collection process.

* Admitting to the collector or MRO that they adulterated or substituted the specimen, or if the MRO reports a verified adulterated or substituted test result.

Consequences and Responsibilities:

* Employee Consequences: If an employee refuses to take a drug test, they face the consequences specified under DOT agency regulations for a violation. These consequences cannot be overturned by arbitration, grievances, State courts, or other non-Federal forums.

* Collector/MRO Responsibilities: If an employee refuses to participate, the collector or MRO must terminate their portion of the process, document the refusal on the CCF, and immediately notify the DER. The collector notes potential refusal actions in the "Remarks" line and signs/dates the CCF. The MRO checks the "Refusal to Test" box in Step 6 on Copy 2 of the CCF, notes adulteration/substitution or checks "Other" with an explanation, and signs/dates it.

* Employer Responsibility: The employer has the sole, non-delegable responsibility to decide whether an employee's conduct constitutes a final refusal to test.

* Non-DOT Tests: Refusing a non-DOT test or refusing to sign a non-DOT form is not a refusal to take a DOT test and carries no consequences under DOT regulations.