Ask X3What does 49 CFR 40.153 (How does the MRO notify employees of their right to a test of the split specimen?) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 40.153 requires when a Medical Review Officer (MRO) verifies a drug test as positive, adulterated, or substituted:
* Notification of Rights and Procedures: The MRO must notify the employee of their right to have the split specimen tested and explain the procedures for requesting it.
* 72-Hour Deadline: The MRO must inform the employee that they have exactly 72 hours from the time of the notification to request the split specimen test.
* Contact Information: The MRO must provide telephone numbers or other contact details so the employee can make the request. The MRO must be able to receive these calls at all times during the 72-hour window (such as using a time-stamped answering machine if the office is unstaffed).
* Payment Rules: The MRO must inform the employee that if the request is made within the 72 hours, the employer must ensure the test takes place without requiring the employee to pay for it out of pocket beforehand (though the employer may seek reimbursement later).
* No Additional Tests: The MRO must inform the employee that additional tests of the specimen, such as DNA tests, are not authorized.