Refusal To Submit To Testing

(1) If an employee or job applicant refuses to submit to a drug or alcohol test, the covered employer may discharge or discipline the employee or may refuse to hire the job applicant. (2) If an injured worker refuses to submit to a post-accident drug or alcohol test, it shall be presumed in the absence of clear and convincing evidence to the contrary that the presence of drugs or alcohol as defined in these rules was the proximate cause of the injury. (3) If an employee with a presumed positive test for failure to submit a test specimen wishes to contest the finding, the Federal Department of Transportation policies on “Shy Bladder” and “Shy Lung” shall be followed, at the employer’s expense. (4) If the employee is unable to provide a urine specimen when requested, the United States Department of Health and Human Services mandatory guidelines on fluid administration and for alternative oral specimen collection shall be followed.