Is it a refusal if a driver applicant fails to seek a medical evaluation following an insufficent specimen on a DOT pre-employment test?

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.�