Refusal to submit to drug and alcohol tests

Scope

These requirements apply to all people who operate a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce and the motor carriers of these drivers.

Regulatory citations

• 49 CFR 382.107 — Definitions
• 49 CFR 382.211 — Refusal to submit to a required alcohol or controlled substances test

Key definitions

• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.

• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
  • Combination Vehicle (Group A) — Having a gross combination weight rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. The towed unit(s) must have a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds, whichever is greater; or
  • Heavy Straight Vehicle (Group B) — Having a GVWR or GVW of 26,001 pounds or more, whichever is greater; or
  • Small Vehicle (Group C) — Does not meet Group A or B requirements but is either:
    • Designed to transport 16 or more passengers, including the driver; or
    • Of any size and is used in the transportation of hazardous materials as defined in §383.5.

Summary of requirements

Refusal to submit (to an alcohol or controlled substances test) means that a driver:

• Fails to appear for any test (except a pre-employment test) within a reasonable time;
• Fails to remain at the testing site until the testing process is complete (except leaving the testing site before the pre-employment testing process begins);
• Fails to provide a sufficient specimen for drug testing (except when a specimen is not provided due to leaving the testing site before the pre-employment testing process begins);
• In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen;
• Fails to provide a sufficient amount of speciemen when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;
• Fails to undergo a medical examination or evaluation, as directed by the medical review officer (MRO) as part of the verification process, or as directed by the designated employer representative (DER) as part of insufficient specimen procedures (In the case of a pre-employment test, this is considered a refusal only when the test is conducted following contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test.);
• Is reported by the MRO as having a verified adulterated or substituted test result;
• Fails or declines to take a second test the employer or collector has directed the driver to take;
• Fails to provide an adequate amount of saliva or breath (as applicable) for alcohol testing (except when a saliva or breath specimen is not provided due to leaving the testing site before the pre-employment testing process begins);
• Fails to provide a sufficient amount of breath specimen when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;
• Fails to undergo a medical examination or evaluation, as directed by the employer as part of insufficient breath (“shy lung”) procedures;
• Fails to sign the alcohol testing form (ATF);
• Fails to cooperate with any part of the testing process;
• For an observed collection, fails to follow the observer’s instructions related to the raising and lowering of clothing and inspection for prosthetic (or other) devices to detect interference with the collection process;
• Possesses or wears a prosthetic or other device that could be used to interfere with the collection process; or
• Admits to the collector that he/she adulterated or substituted the specimen.

A driver may not refuse to submit to a pre-employment drug test and a driver may not refuse to submit to the following alcohol or drug tests:

• Post-accident
• Random
• Reasonable suspicion
• Return-to-duty or
• Follow-up.

A motor carrier must not allow a driver to perform or continue to perform safety-sensitive functions if the driver refuses any of the alcohol or drug tests listed above.