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Home My Safety Planner (Chapters) 6.0 6.5 Refusal to Test 6.5.7 Refusal to Test
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Note:
This is an excerpt from FMCSA's Motor Carrier Safety Planner specific to your interests. As you navigate through the pages, pay close attention to any notes and highlights. Click here to read the entire Safety Planner and find more resources to help you comply with safety regulations.

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).
Disclaimer
This publication is distributed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA). It is meant to serve as a guide only and the Agency does not assume responsibility for any omissions, errors, or ambiguity contained herein. The contents may not be relied upon as a substitute for the Agency’s published regulations.

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