How much advance notice does a driver receive for a random drug or alcohol test?

Both random and follow-up tests must be unannounced per 382.305(k)(1). This means that once a driver has been notified of the test, he or she must proceed to the collection site immediately as required in 382.305(l) . If the driver is performing a safety-sensitive function, he or she must cease, and proceed to the facility as soon as possible. An employer should know the approximate travel time to the facility, and if the driver arrives beyond a reasonable time frame, it is considered a refusal to be tested, which is a DOT drug and alcohol violation. The consequences of a refusal to be tested are the same as a positive, adulterated, or substituted test result, and the driver would be required to complete the return-to-duty process in order to return to a safety-sensitive function.

When an appointment has been scheduled for testing, the collection site will be expecting the driver at a specific time, and if too much time has elapsed, the DER will be contacted and the result considered a refusal to be tested. This is found in 40.61 .