How to tactfully back out of an orientation?

40.191 Some parts were edited out so I could stay under the word limits. The full rule is linked to!

§ 40.191 What is a refusal to take a DOT drug test, and what are the consequences?
(a) As an employee, you have refused to take a drug test if you:

(1) Fail 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, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see § 40.61(a));

(2) Fail to remain at the testing site until the testing process is complete; Provided, That an employee who leaves the testing site before the testing process commences (see § 40.63 (c)) for a pre-employment test is not deemed to have refused to test;

(3) Fail to provide a urine specimen for any drug test required by this part or DOT agency regulations; Provided, That an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see § 40.63 (c)) for a pre-employment test is not deemed to have refused to test;

(4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of your provision of a specimen (see §§ 40.67(l) and 40.69(g));

(5) Fail 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 (see § 40.193(d)(2));

(6) Fail or decline to take an additional drug test the employer or collector has directed you to take (see, for instance, § 40.197(b));

(7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under § 40.193(d). In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test; or


(c) As an employee, if you refuse to take a drug test, you incur the consequences specified under DOT agency regulations for a violation of those DOT agency regulations.

(d) As a collector or an MRO, when an employee refuses to participate in the part of the testing process in which you are involved, you must terminate the portion of the testing process in which you are involved, document the refusal on the CCF (including, in the case of the collector, printing the employee's name on Copy 2 of the CCF), immediately notify the DER by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received. As a referral physician (e.g., physician evaluating a “shy bladder” condition or a claim of a legitimate medical explanation in a validity testing situation), you must notify the MRO, who in turn will notify the DER.

(1) As the collector, you must note the refusal in the “Remarks” line (Step 2), and sign and date the CCF.

(2) As the MRO, you must note the refusal by checking the “Refusal to Test” box in Step 6 on Copy 2 of the CCF, checking whether the specimen was adulterated or substituted and, if adulterated, noting the adulterant/reason. If there was another reason for the refusal, check “Other” in Step 6 on Copy 2 of the CCF, and note the reason next to the “Other” box and on the “Remarks” lines, as needed. You must then sign and date the CCF.

 

I always was sent to a lab. I have clearly said this is not universal, some carriers do these pre-employment tests differently. My comment was directed SOLEY to those that do it at the orientation site!

 

Not going to get in a pissing contest about it.

 

The really painful part about all of that is that they come to TTR asking for advice A F T E R walking out of a drug screen. "I went outside to use the phone/smoke a cigarette/get some fresh air, and they listed it as a refusal. My job terminated me and no one at my company is willing to talk to me...what do I do?"

 

About two years ago I was working with a guy that walked out of an orientation testing session. In his case, he was going through a divorce and his wife did something that set him off. The carrier sent in the form marked refused to test and poisoned his DAC. He settled down and went through the SAP/return to duty process, and about 6 months later got him a good job driving local working at the port! It happens!

 

@Moose1958 is trying to be helpful to those who don't know, because this happens often. A little simple, possibly innocent mistake, will hurt a driving career worse than a DUI.

 

I see what you did there.

 

Yea, he's trying to not admit he's wrong in a very passive aggressive way. But then even when showen the exact regs he'll dig in and argue how he's not wrong, no matter how wrong he is.

 

No, I’m not, I don’t agree with his interpretation of secure area

 

Thank you for letting me know what it was you did not agree with! Understand I was not talking about clinics or other types of pre-employment tests or places. I was speaking about a narrow situation when a carrier does these collections at orientations. This was why I brought the subject up.

To be honest I don't really like that process. I can't morph this thread so I am going to stop.