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Refusal of dot drug screen having to be observed for pre…

Refusal of dot drug...

Refusal of dot drug screen having to be observed for pre employment. For a non dot mechanic position. I have a class B CDL. But it's not used in said position. Is it reported? If I take another dot drug test for a different company for pre employment will it have to be observed?

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Answered in 33 minutes by:
9/14/2017
Law Educator, Esq.
Category: Employment Law
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Customer reply replied 10 months ago
Great

Unfortunately, ALL DOT drug screens are reported to DOT. BUT, if you are taking a non-DOT position not subjected to DOT testing, those tests are not reported to DOT because it is not being done under the DOT standards and requirements of reporting, even if you hold a CDL at this time. Since your job you are applying for or taking is not a DOT regulated job, this pre employment test would not be reported to DOT.

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Customer reply replied 10 months ago
Ok. Just to clarify again. I have a B CDL license currently. Got a job offer as a mechanic, CDL not required at all, but I was told to take a dot pre-employment physical and drug test. First VOID was no good on drug test. Was told I had to take another while being observed. And I left. Finding out later that is a refusal of test.... being the employer didn't require a CDL for the position, not a trucking company, do they still report that to dot and dac? If I get another job with someone else, having to take another dot test, will it have to be a observed test because of the last job offer?

If you took a DOT test for a DOT position, a mechanic is a DOT position typically, then that is reported to DOT. Your test will be reported even if you are not driving, if it was a DOT position. You do not have to have a CDL or drive under a CDL to come under DOT testing and reporting requirements.

The only way you would not be reported is if the actual job you take is not a DOT position. If you are not under a DOT position, your test is not reported.

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Customer reply replied 10 months ago
Correct it was for a non-dot position. Working on refrigeration units. Guess i wonder, im not getting the job i was offered where i had to take this test.... so if i get another job that requires the same test, will it automatically have to be an observed test? This was a non dot position, why did i have to take dot test? Cause of my licenses? Thanks

Thank you for your reply.

So, the non-DOT job would not report the results or refusal to DOT. Thus if you go for a DOT job it would not have to be an observed test.

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Customer reply replied 10 months ago
Also the doctors office who do the test, do they have report the refusal or just the employer?

Thank you for your reply.

The employer is supposed to make the reports.

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Customer reply replied 10 months ago
Why did i have to take a dot test for a non dot position? Am i suppose too? Up the the company?

It was up to the company what type of test you take. DOT test refers to the type of drugs they test for. It is the employer who has to report a failure or refusal to the DOT, but since it is not a DOT job they would not do a report.

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Customer reply replied 10 months ago
for a non dot position, is it against the law if they did report the results?
Customer reply replied 10 months ago
Also, I was given new forms from the same company to go and retake the dot tests? Will it have to be an observed test? Or can the process start all over?

Thank you for your reply.

It would be likely an observed test if you failed it or were marked as a refusal, but this is up to the employer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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