Ask X3What does 49 CFR 40.149 (May the MRO change a verified drug test result?) require?
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According to 49 CFR 40.149, a Medical Review Officer (MRO) is the *only* person permitted to change a verified drug test result.
As a motor-carrier owner, you should know that the MRO may only change a verified test result in the following specific situations:
1. No-interview verification: The MRO reopens a verification that was originally conducted without interviewing the employee.
2. Laboratory error: The MRO receives new information proving the laboratory made an identification or testing mistake (such as mixing up specimens or a false positive/negative).
3. New medical explanation (within 60 days): Within 60 days of the original decision, the MRO receives new information that could not reasonably have been provided earlier, showing a legitimate medical explanation for the drug or metabolite, or credible new evidence for an adulterated or substituted result (such as a valid prescription provided late by the employee's physician).
4. New medical explanation (after 60 days): If that same medical or adulteration/substitution information arrives *after* the 60-day window, the MRO must consult with ODAPC before making any change.
5. Administrative error: The MRO made an administrative mistake and reported the wrong result.
Practical requirement for your company: If the MRO does change a verified result, they are required to immediately notify your Designated Employer Representative (DER) in writing.