From the Research
Yes, if a driver refuses a DOT drug or alcohol test, it is considered a refusal to test, which has the same consequences as a positive test result under DOT regulations. The driver will be immediately removed from safety-sensitive functions and must complete the Substance Abuse Professional (SAP) process before returning to DOT safety-sensitive duties. This process includes an evaluation by a qualified SAP, completion of any recommended treatment or education programs, a follow-up evaluation by the SAP to determine if the driver has successfully complied with the recommendations, and passing a return-to-duty test. After returning to work, the driver will also be subject to a minimum of six unannounced follow-up tests in the first 12 months. The DOT treats test refusals severely because they undermine the safety goals of the testing program. Refusals can take various forms, including explicitly declining to take a test, failing to appear for testing, leaving the testing site before the process is complete, or failing to cooperate with the testing process 1, 2, 3, 4, 5.
Key Points to Consider
- The DOT regulations are clear on the consequences of refusing a drug or alcohol test
- The SAP process is a critical component of the return-to-duty process for drivers who refuse a test or have a positive test result
- The goal of the SAP process is to ensure that the driver is able to safely perform their duties and to prevent future substance abuse
- The use of motivational interviewing and other evidence-based treatments can be effective in reducing substance abuse and improving treatment outcomes 5
- The importance of addressing substance abuse and promoting safety in the transportation industry cannot be overstated, as it has a significant impact on public health and safety 2
Recommendations for Practice
- Drivers who refuse a DOT drug or alcohol test should be immediately removed from safety-sensitive functions and referred to a qualified SAP for evaluation and treatment
- The SAP process should include a comprehensive evaluation, completion of any recommended treatment or education programs, and a follow-up evaluation to determine if the driver has successfully complied with the recommendations
- Drivers who complete the SAP process and pass a return-to-duty test should be subject to a minimum of six unannounced follow-up tests in the first 12 months to ensure that they are able to safely perform their duties
- Transportation companies and employers should prioritize substance abuse prevention and treatment, and provide support and resources to drivers who are struggling with substance abuse 1, 2, 3, 4, 5