Refusal to Test

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Definition - What does Refusal to Test mean?

A refusal to test is the action of denying submission to a drug screening procedure for hiring and reinstatement purposes that can determine employment status often based on positional requirements inside a particular industry. Many factors can constitute a refusal to test, such as failure to appear at a collection site, adulterating/tampering with a specimen, or non-compliance with drug testing protocol at designated intervals to gain drug clearance. 

SureHire explains Refusal to Test

The U.S. Department of Transportation (DOT) introduced the Clearinghouse rule, which is a federal database system that operates an interdependent network between employers, medical review officers (MRO), and substance abuse professionals (SAP) for refusal to test entry verification. Commercial motor vehicle (CMV) drivers are obligated to undergo DOT-based laboratory testing for the five primary drug classes (amphetamines/methamphetamines, cocaine, marijuana, opiates/derivative compounds, and phencyclidine) pending licensure to cover international transit of freight. A refusal to test carries potential repercussions if the underlying circumstances hinge on an existing impairment where a reasonable cause, reasonable suspicion, and rehabilitation/return-to-work are conditional factors that dictate job performance in holding a safety-sensitive position. 

 A Workplace Substance Management Program is a dynamic initiative set up by employers to train managers and supervisors to identify signs of impairment associated with different classes of drugs in the way of a refusal to test privilege. While the Human Rights Code upholds a refusal to test as a prerogative against universal drug testing parameters, lax measures can mean the difference between workplace safety and recurring accidents and incidents.  Consequently, employers refer to the Occupational Health and Safety Act as the linchpin in promoting a climate of health and safety by drawing on knowledge of suspected impairment from individuals who invoke a refusal to test.   

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