Ask X3What does 49 CFR 40.123 (What are the MRO's responsibilities in the DOT drug testing program?) require?
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As a motor-carrier owner, you should know that under 49 CFR 40.123, the Medical Review Officer (MRO) has the following basic responsibilities in the DOT drug testing program:
* Act as an Independent Gatekeeper: Serve as an independent and impartial advocate for the accuracy and integrity of the drug testing process.
* Provide Quality Assurance Review: Review the testing process for specimens under their purview, which includes checking the Custody and Control Form (CCF) for any problems that could cause a test to be cancelled. (MROs are not required—nor allowed to be forced—to review internal laboratory chain of custody documentation.) They also provide performance feedback to employers, collection sites, and laboratories, and consult with the ODAPC or relevant DOT agencies on program issues without employer interference or retaliation.
* Evaluate Test Results: Determine if there is a legitimate medical explanation for confirmed positive, adulterated, substituted, and invalid laboratory results.
* Clarify Doctor-Patient Relationship: Perform medical reviews of employee test results without establishing a formal doctor-patient relationship.
* Investigate and Correct Problems: Act to investigate and fix problems where possible, and notify appropriate parties (like HHS, DOT, employers, and service agents) when assistance is needed for issues such as cancelled, problematic, or incorrect results.
* Ensure Timely Communication: Ensure test results and other information flow to employers in a timely manner.
* Protect Confidentiality: Keep all drug testing information secure and confidential.
* Comply with Regulations: Perform all functions in compliance with 49 CFR 40.123 and other applicable DOT agency regulations.