Skip to Content

If a donor leaves in the middle of a shy bladder during their pre-employment test, would this be considered a refusal to test?

A: This is a tough question to answer and final decision will rest upon the DER.  Many would say that no it is not a refusal because it is pre-employment.  Here is what 49 CFR Part 40 says:

40.191 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;

So the question becomes when did the collection begin?  Since we are in a shy bladder there has already been an attempt to void so the collection has commenced.  The collector would document what happened and explain to the donor that if they leave that the collection had commenced and that leaving would be considered a refusal. Best practice as a C/TPA would be to advise DER that this was a refusal.