Ask X3What does 49 CFR 40.127 (What are the MRO's functions in reviewing negative test results?) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 40.127 requires for reviewing negative drug test results before verifying and releasing them to the Designated Employer Representative (DER):
1. Review the CCF for Errors: Check Copy 2 of the Custody and Control Form (CCF) for fatal or correctable errors that might require corrective action or test cancellation.
2. Verify Consistency: Ensure the negative lab result matches the information on the CCF.
3. Gather Required Documents: Before reporting a negative result, you must possess:
* Copy 2 of the CCF (or a legible copy/other copy containing the employee's signature).
* A legible copy (fax, photocopy, or image) of Copy 1 of the CCF or the electronic lab results report showing the negative result.
* If any provided documentation is unclear, request a legible copy from the collector or laboratory.
4. Complete the CCF: Place a check mark in the "Negative" box (Step 6) on Copy 2 of the CCF, provide your name, and sign, initial, or stamp and date the verification statement.
5. Report Confidentially: Report the test result in a confidential manner.
6. Delegation to Staff: Staff under your direct, personal supervision may handle these administrative functions, but only you (the MRO) can cancel a test. If you cancel a lab-confirmed negative result, you must check the "Test Cancelled" box (Step 6) on Copy 2 of the CCF, write an appropriate note in the "Remarks" line, provide your name, and sign, initial, or stamp and date the verification statement.
7. Quality Assurance for Staff Work: If your staff reviews negative results, you are responsible for ensuring the quality of their work by:
* Personally reviewing at least 5 percent of all CCFs reviewed by your staff each quarter (including all results requiring corrective action), up to a maximum of 500 negative results per quarter.
* Reviewing the CCF, the negative lab result, any corrective documents, and the report sent to the employer.
* Correcting any errors, taking action to ensure staff compliance, documenting your corrective actions, and initialing the CCFs you review as proof of your quality assurance review.
* Making these CCFs easily identifiable and retrievable for DOT agency review.