[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.101]

[Page 617]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 40_PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING 
PROGRAMS--Table of Contents
 
                   Subpart F_Drug Testing Laboratories
 
Sec.  40.101  What relationship may a laboratory have with an MRO?

    (a) As a laboratory, you may not enter into any relationship with an 
MRO that creates a conflict of interest or the appearance of a conflict 
of interest with the MRO's responsibilities for the employer. You may 
not derive any financial benefit by having an employer use a specific 
MRO.
    (b) The following are examples of relationships between laboratories 
and MROs that the Department regards as creating conflicts of interest, 
or the appearance of such conflicts. This following list of examples is 
not intended to be exclusive or exhaustive:
    (1) The laboratory employs an MRO who reviews test results produced 
by the laboratory;
    (2) The laboratory has a contract or retainer with the MRO for the 
review of test results produced by the laboratory;
    (3) The laboratory designates which MRO the employer is to use, 
gives the employer a slate of MROs from which to choose, or recommends 
certain MROs;
    (4) The laboratory gives the employer a discount or other incentive 
to use a particular MRO;
    (5) The laboratory has its place of business co-located with that of 
an MRO or MRO staff who review test results produced by the laboratory; 
or
    (6) The laboratory permits an MRO, or an MRO's organization, to have 
a financial interest in the laboratory.

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