Refusal to submit (to a controlled substances test) (49 CFR part 40.191(a)(b) and (c) Policy Term Definition


means employee:

  1. Fails to appear for any test (except a pre-employment test) within a reasonable time;
  2. Fails to remain at the testing site until the testing process is complete; for pre-employment it is not deemed a refusal;
  3. Fails to provide a urine specimen for any drug test; for pre-employment it is not deemed a refusal;
  4. If directly observed or monitored, fails to permit the observation;
  5. Fails to provide a sufficient amount of urine without adequate medical explanation;
  6. Fails or declines to take a second test the supervisor or collector has directed the employee to take;
  7. Fails to undergo a medical examination or evaluation;
  8. Fails to cooperate with any part of the testing process; or
  9. For an observed collection, fails to follow the observer’s instructions;
  10. Possesses or wears a prosthetic or other device that could interfere with the collection process;
  11. Admits to the collector or MRO that he/she has adulterated or substituted the specimen.
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