What is a refusal to take a DOT drug test, and what are the consequences?
(a) As an employee, you have refused to take a drug test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a); (2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see §40.63(c)) for a pre-employment test is not deemed to have refused a test; These sections make it clear that DOT does not view refusals-to-test on a pre-employment test in the same light as refusals-to-test on other DOT-mandated drug tests. DATIA also supports the change to refusals to submit to return to duty tests in 14 CFR 67.107(b)(2), 67.207(b)(2), and 67.307(b)(2). In general, DATIA supports adding ref
