4. In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see §§40.67(l) and 40.69(g));
5. Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2));
6. Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for instance, §40.197(b));
7. Fail to undergo a medical examina- tion or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of em- ployment. If there was no contin- gent offer of employment, the MRO will cancel the test; or
8. Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a con- frontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector).
9. For an observed collection, fail to fol- low the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to deter- mine if you have any type of prosthetic or other device that could be used to interfere with the collection process.
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10. Possess or wear a prosthetic or other device that could be used to interfere with the collection process.
11. Admit to the collector or MRO that you adulterated or substituted the specimen.
b. As an employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
c. As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT agency regula- tions for a violation of those DOT agency regulations.
d. As a collector or an MRO, when an employee refuses to participate in the part of the testing process in which you are involved, you must terminate the portion of the testing process in which you are involved, document the refusal on the CCF (including, in the case of the collector, printing the em- ployee’s name on Copy 2 of the CCF), immediately notify the DER by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received. As a referral physician (e.g., physician
evaluating a “shy bladder” condition or a claim of a legitimate medical explanation in a validity testing situa- tion), you must notify the MRO, who in turn will notify the DER. 1. As the collector, you must note the refusal in the “Remarks” line (Step 2), and sign and date the CCF.
2. As the MRO, you must note the refusal by checking the “Refusal to Test” box in Step 6 on Copy 2 of the CCF, checking whether the specimen was adulterated or sub- stituted and, if adulterated, noting the adulterant/reason. If there was another reason for the refusal, check “Other” in Step 6 on Copy 2 of the CCF, and note the reason next to the “Other” box and on the “Re- marks” lines, as needed. You must then sign and date the CCF.
e. As an employee, when you refuse to take a non-DOT test or to sign a non-DOT form, you have not refused to take a DOT test. Tere are no consequences under DOT agency regulations for refusing to take a non- DOT test.
See 49 CFR Part 40.191 ❚ datia focus 51
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