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Note:

6.5.7 Refusal to Test

The employer must not allow a driver who refuses to submit to a required test to perform or continue to perform safety-sensitive functions. Refusing to submit to a required test covers a variety of situations, see the definition in 49 CFR 382.107. A refusal to test has the same consequences as failing a drug or alcohol test, see 49 CFR 382.211, and must also be reported to the Clearinghouse. See How to Report a Violation (Employer) for instructions on reporting applicable drug and alcohol test refusals. Any driver holding a CLP or CDL is considered to have agreed to complete an alcohol or controlled substances test; see Controlled Substances and Alcohol Testing: Implied Consent (383.72).

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