When a donor refuses to participate in the testing process, you must terminate the testing process, document the refusal on the Chain of Custody Form (CCF) (including printing the employee's name on Copy 2), and immediately notify the DER by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received.

As the collector, you must note the refusal in the “Remarks” line (Step 2), and sign and date the CCF.  Document the details of the event as accurately as possible.

It is considered a Refusal to Test, under DOT regulations, if the donor:

  1. Fails 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. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA.
  2. Fails to remain at the testing site until the testing process is complete. As an exception, for Pre-Employment testing only, an employee who leaves the testing site before the testing process commences (marked by the hand-off of the empty collection cup from the collector to the donor for the first time) is not deemed to have refused to test.
  3. Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure.  As an exception, for Pre-Employment testing only, an employee who leaves the testing site before the testing process commences (marked by the hand-off of the empty collection cup from the collector to the donor for the first time) is not deemed to have refused to test.
  4. In the case of a directly observed or monitored collection, fails to permit the observation or monitoring of the provision of a specimen.
  5. Fails or declines to take an additional drug test the employer or collector has directed him/her to take.
  6. Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER.
  7. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector).
  8. For an observed collection, fails to follow the observer’s instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process.
  9. Possesses or wears a prosthetic or other device that could be used to interfere with the collection process.
  10. Admits to having adulterated or substituted the specimen.