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§40.163 — How does the MRO report drug test results? (a) As the MRO, it is your responsibility to report all drug test results to the employer. |
(b) You may use a signed or stamped and dated legible photocopy of Copy 2 of the CCF to report test results. |
(c) If you do not report test results using Copy 2 of the CCF for this purpose, you must provide a written report (e.g., a letter) for each test result. This report must, as a minimum, include the following information: (1) Full name, as indicated on the CCF, of the employee tested; |
(2) Specimen ID number from the CCF and the SSN or employee ID No.; |
(3) Reason for the test, if indicated on the CCF (e.g., random, post-accident); |
(5) Date you received Copy 2 of the CCF; |
(6) Result of the test (i.e., positive, negative, dilute, refusal to test, test cancelled) and the date the result was verified by the MRO; |
(7) For verified positive tests, the drug(s)/metabolite(s) for which the test was positive; |
(8) For cancelled tests, the reason for cancellation; and |
(9) For refusals to test, the reason for the refusal determination (e.g., in the case of an adulterated test result, the name of the adulterant). |
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(d) As an exception to the reporting requirements of paragraph (b) and (c) of this section, the MRO may report negative results using an electronic data file. (1) If you report negatives using an electronic data file, the report must contain, as a minimum, the information specified in paragraph (c) of this section, as applicable for negative test results. |
(2) In addition, the report must contain your name, address, and phone number, the name of any person other than you reporting the results, and the date the electronic results report is released. |
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(e) If you use a written report as provided in paragraph (c) of this section to report results, you must retain a copy of the written report. If you use the electronic data file to report negatives, as provided in paragraph (d) of this section, you must retain a retrievable copy of that report in a format suitable for inspection and audit by a DOT representative. In either case, you must keep the completed Copy 2 of the CCF. When completing Copy 2, either the MRO must sign and date it (for both negatives and non-negatives) or MRO staff must stamp and date it (for negatives only). |
(f) You must not use Copy 1 of the CCF to report drug test results. |
(g) You must not provide quantitative values to the DER or C/TPA for drug or validity test results. However, you must provide the test information in your possession to a SAP who consults with you (see §40.293(g)). |
(h) You must maintain reports and records related to negatives and cancelled results for one year; you must maintain reports and records related to positives and refusals for five years, unless otherwise specified by applicable DOT agency regulations. |
[66 FR 41952, Aug. 9, 2001, as amended at 75 FR 49863, Aug. 16, 2010; 75 FR 59107, Sept. 27, 2010; 76 FR 59578, Sept. 27, 2011; 88 FR 27646, May 2, 2023] §40.163 — DOT Regulatory Guidance Question 1: Is it acceptable for an MRO to transmit a number of reports of drug test results per page to the employer, rather than one per page? Guidance: The Department recommends that MROs use Copy 2 of the CCF as the means of reporting all drug test results to employers. However, if you use a written report (all results) or an electronic report (negative results) meeting all the requirements of §40.163, rather than using Copy 2 of the CCF for this purpose, you must put only one such report on each page. This will help to prevent inadvertent breaches of confidentiality by the employer resulting from photocopying a multiple-result report and putting a copy in the file of each employee involved.
Question 2: If the MRO uses a written report instead of a copy of the CCF to report results to employers, how should those reports be signed? Guidance: The MRO must sign all reports of non-negative results (i.e., positives, refusals, tests canceled, and invalids). The MRO or an MRO's staff member may rubber stamp and initial negative results. The rubber stamp should identify the MRO. Each written report should be dated and indicate the address of the MRO.
Question 3: May the MRO report an "interim" or "preliminary" test result to the employer (or C/TPA) while awaiting receipt of the MRO copy and/or the laboratory result? Guidance: No. An MRO must not report tests results until and unless he or she has received all required information from the collection site and laboratory. This means the MRO must have Copy 2 or a legible copy of Copy 2 (or any legible copy of a CCF page signed by the employee) and must have the drug test result (sent in the appropriate manners for negatives and non-negatives) from the laboratory. An MRO sending "in-progress" negative or non-negative results will be considered to be in violation of Part 40.
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