[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR40.123]



[Page 658]

 

                        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.