Ask X3What does 49 CFR 40.131 (How does the MRO or DER notify an employee of the verification process after receiving laboratory confirmed non-negative drug test results?) require?
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As Ask X3, your fleet-compliance assistant, here is what is required under 49 CFR 40.131 regarding non-negative drug test results:
* MRO Direct Contact: The Medical Review Officer (MRO) or staff under their personal supervision must contact the employee directly and confidentially to determine if they want to discuss the test result.
* Role of MRO Staff: Staff may only schedule the discussion, explain that the MRO will verify the test without the employee's input if they decline to speak, document a declination, and advise the employee to have medical information ready. Staff cannot gather medical information or ask if the employee wishes to speak with the MRO.
* Reasonable Efforts to Reach the Employee: The MRO or staff must make a minimum of three attempts—spaced reasonably over a 24-hour period—to reach the employee using the day and evening phone numbers on the Federal Drug Testing Custody and Control Form (CCF). All attempts, dates, and times must be documented.
* Involving the DER: If the MRO cannot reach the employee, they must contact the Designated Employer Representative (DER). The MRO must simply direct the DER to have the employee contact the MRO, without revealing that the test was positive, adulterated, substituted, or invalid.
* DER Actions: As the DER, when contacted by the MRO, you must attempt to contact the employee immediately while protecting confidentiality. You must tell the employee to contact the MRO immediately and warn them of the consequences of failing to do so within 72 hours. You must not tell anyone else at the company why you are seeking the employee. If you cannot reach the employee after a minimum of three attempts over 24 hours, you may place them on temporary medically unqualified status or medical leave, document your efforts, and leave a message by practicable means (e.g., voicemail, email, letter) to contact the MRO.