Ask X3What does 49 CFR 40.135 (What does the MRO tell the employee at the beginning of the verification interview?) require?
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According to 49 CFR 40.135, the Medical Review Officer (MRO) must tell the employee the following at the beginning of the verification interview:
* That the laboratory determined their test result was positive, adulterated, substituted, or invalid.
* The specific drugs the specimen tested positive for, or the basis for finding the specimen adulterated or substituted.
* An explanation of the verification interview process, noting that the MRO's decision will be based on the information the employee provides.
* That if further medical evaluation is needed, the employee must comply, and failing to do so is the same as expressly declining to discuss the test result.
* A warning—given before collecting any medical information—that the MRO is required to share certain drug test and medical information (such as medications, other substances affecting safety-sensitive duties, or medical conditions) with third parties without the employee's consent. These third parties can include the employer, a Substance Abuse Professional (SAP), the Department of Transportation (DOT), or other federal and state safety agencies.
* That the employee will be given 5 business days from the reporting of a verified negative result to have their prescribing physician contact the MRO regarding legally valid prescriptions, to determine if the medication can be changed to one that does not cause a medical qualification issue or pose a significant safety risk.