Section 9140.40  Review of Test Results of Blood and Urine Specimens

a)         Verification of Test Results by the MRO.  Prior to the transmission of test results to the DER, all results shall be reviewed and verified by an MRO.

b)         Qualifications of the MRO.  The MRO must meet the qualifications set forth in 49 CFR 40.121 (2012).  The MRO shall not be employed by the laboratory performing testing pursuant to this Part.  An employer or DER shall not serve as the MRO for his or her own employees.

c)         Positive, Adulterated or Substituted Results

1)         If an MRO receives a positive, adulterated or substituted result from a laboratory, the MRO shall contact the employee within 72 hours after receipt of the test result from the laboratory.  The MRO shall allow the employee to provide any information the employee considers relevant to the positive, substituted or adulterated test result, including identification of currently or recently used prescription or nonprescription drugs and other relevant medical information.  The MRO shall also inform the employee of his or her right to request testing of a split specimen pursuant to Section 9140.50.

2)         If the MRO is unable to contact the employee with a positive, adulterated or substituted test result within 72 hours after receipt of the test results from the laboratory, the MRO shall contact the DER and request that the DER direct the employee to contact the MRO as soon as possible.

d)         Verification of Positive, Substituted or Adulterated Results.  To verify a positive, adulterated, or substituted test result, the MRO shall complete all of the following procedures:

1)         Receive and review the test results from the laboratory;

2)         Verify that the collector and the laboratory utilized proper collection techniques;

3)         Ensure that the test result accurately identifies the employee;

4)         Review any documentation provided by the employee regarding currently or recently used prescription or nonprescription drugs and other relevant medical information and whether this information could have produced a positive, substituted or adulterated result;

5)         Review the results of the testing of a split specimen if that testing has been requested;

6)         Notify the DER in writing of the verified positive, substituted or adulterated test result within seven days after receiving the test result from the laboratory;

7)         Complete all applicable portions of the Chain of Custody Form and forward this form to the DER;

8)         Within 24 hours after notification of the DER of a positive, adulterated or substituted test result, notify the laboratory that the positive, adulterated or substituted test result has been submitted to the DER.

e)         Verification of Negative Results.  To verify a negative test result, the MRO shall complete all of the following procedures:

1)         Receive and review the test results from the laboratory;

2)         Verify that the collector and the laboratory utilized proper collection techniques;

3)         Ensure that the result accurately identifies the employee;

4)         Notify the DER of the negative test result within 5 days after the receipt of the test result from the laboratory;

5)         Complete all applicable portions of the Chain of Custody Form and forward this form to the DER;

6)         Within 24 hours after notification of the DER of a negative test result, notify the laboratory that the negative test result has been submitted to the DER.