Q1. Shy Bladder:  A CDL driver could not provide enough urine for the random test within thee hours of his/her first unsuccessful attempt.  The collector stopped the test and reported to the designated employer representative (DER) that it was not completed. What happens in this situation?

A1. In this situation, referred to as a “shy bladder,”  the driver has up to five days to obtain an evaluation from a licensed physician that contains a medical reason for the failure to provide a urine sample that would be acceptable to the medical review officer (MRO).  The MRO must receive a copy of the evaluation and related medical records, and will decide whether the test is cancelled or declared a refusal.  The regulations governing this process, including individual responsibilities are found in 49 CFR 40.193 and 40.195.