Drug and Alcohol Testing Q&A - 2004

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Re: Refusal to test

From: Robert Swotinsky, MD
Date: 08 Dec 2004
Time: 06:50:28 -0800
Remote Name: 4.17.131.55

Comments

There's two schools of thought on how to report this situation. Both approaches reach the same outcome, i.e., a rule violation. I published a 3-page discussion on this point in a recent issue of MRO Update. To summarize: Approach 1 is to report two tests, one negative and the other a refusal, and try to report them at the same time. Approach 2 is to report one test, the refusal, since a refusal trumps the negative with regard to outcome. I follow Approach 1 because I believe it most rigidly follows the DOT Part 40 rule. Nevertheless, there are other reasonable and well informed MROs who follow Approach 2.