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From: Robert Swotinsky MD
Date: 06 Nov 2004
Time: 18:44:57 -0800
Remote Name: 68.166.235.44
Under DOT, an employee has "refused to take a drug test" if he or she fails to remain at the testing site until the testing process is complete [49 CFR 40.191(a)(2)]. The collector should document the refusal by a remark on the COC and, perhaps, with an attached addendum to allow for sufficient detail. The employer is then supposed to remove the individual from safety-sensitive duty and refer him/her to a SAP, who will make treatment recommendations and recommend follow-up testing after return to duty.
I understand the concern that the situation may be misconstrued, or (as presented) that the employee may have faked the incident. In any event, we're not judges or psychics; we can't know if the employee was faking the situation or had a true emergency. Incidentally, all of us frequently encounter similar though less dramatic situations, e.g., the donor who can't stay because he or she has to pick up his kids, or the donor who chooses to leave and doesn't understand the consequences of doing so. I'd suggest just following the Part 40 law and report the event as described above. I'm also aware, however, that collectors in such situations are often sympathetic to donors and, in cooperation with the employers, merely reschedule the tests rather than appropriately document and report the refusal to test. I don't agree with this practice, but it happens.