[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: 49CFR40.123]

[Page 621]
 
                        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 G_Medical Review Officers and the Verification Process
 
Sec.  40.123  What are the MRO's responsibilities in the DOT drug testing 
program?

    As an MRO, you have the following basic responsibilities:
    (a) Acting as an independent and impartial ``gatekeeper'' and 
advocate for the accuracy and integrity of the drug testing process.
    (b) Providing a quality assurance review of the drug testing process 
for the specimens under your purview. This includes, but is not limited 
to:
    (1) Ensuring the review of the CCF on all specimen collections for 
the purposes of determining whether there is a problem that may cause a 
test to be cancelled (see Sec. Sec.  40.199-40.203 ). As an MRO, you are 
not required to review laboratory internal chain of custody 
documentation. No one is permitted to cancel a test because you have not 
reviewed this documentation;
    (2) Providing feedback to employers, collection sites and 
laboratories regarding performance issues where necessary; and
    (3) Reporting to and consulting with the ODAPC or a relevant DOT 
agency when you wish DOT assistance in resolving any program issue. As 
an employer or service agent, you are prohibited from limiting or 
attempting to limit the MRO's access to DOT for this purpose and from 
retaliating in any way against an MRO for discussing drug testing issues 
with DOT.
    (c) You must determine whether there is a legitimate medical 
explanation for confirmed positive, adulterated, substituted, and 
invalid drug tests results from the laboratory.
    (d) While you provide medical review of employees' test results, 
this part does not deem that you have established a doctor-patient 
relationship with the employees whose tests you review.
    (e) You must act to investigate and correct problems where possible 
and notify appropriate parties (e.g., HHS, DOT, employers, service 
agents) where assistance is needed, (e.g., cancelled or problematic 
tests, incorrect results, problems with blind specimens).
    (f) You must ensure the timely flow of test results and other 
information to employers.
    (g) You must protect the confidentiality of the drug testing 
information.
    (h) You must perform all your functions in compliance with this part 
and other DOT agency regulations.