Requirements for Positives or Refusals

What Employers Need to Know

Q. If a CDL driver tests positive, or refuses to take a DOT Drug test what must the driver do to be able to resume operating any type of commerical motor vehicle?

A. A CDL driver who tests positive on a DOT test or refuses to take a DOT test, must successfully complete the return-to-duty (RTD) process with a DOT qualified substance abuse professional (SAP).  The requirements for the RTD are found in [49 CFR Part 40, Subpart O]

A driver fails a drug or alcohol test by testing positive to a drug test, or registering a 0.04 or greater alcohol content. Either of these results requires the driver to be immediately removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional.

A driver's refusal to submit to a drug or alcohol test is generally equivalent to testing positive to a drug or alcohol test. The driver must immediately be removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional. The DOT regulations outline refusals to test for drugs and alcohol. Some refusals are determined by medical review officers and alcohol technicians . For others, the determination is your responsibility. Refusals to submit to a drug or alcohol test are defined in §382.107. You must base your decisions on the DOT instructions and NOT on personal opinions about whether the employee is a long-time reliable worker; has ever tested positive or refused a test; was correctly selected for the test; or claims to have misunderstood the collector’s instructions to remain at a collection site, among others.