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It depends. According to 40.191, a refusal to test is handled differently for those taking a pre-employment test. Specific to the insufficient specimen scenario and failure to undergo a medical examination or evaluation, it states: �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 employment. If there was no contingent offer of employment, the MRO will cancel the test.�