Ask X3What does 49 CFR 40.155 (What does the MRO do when a negative or positive test result is also dilute?) require?
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Based on 49 CFR 40.155, when a drug test result is dilute, the Medical Review Officer (MRO) must take the following actions:
* Report to the Designated Employer Representative (DER) that the specimen is dilute, in addition to being negative or positive.
* Check the "dilute" box (Step 6) on Copy 2 of the Federal Drug Testing Custody and Control Form (CCF).
* Explain to the DER the employer's obligations and choices under § 40.197. This includes letting the DER know if an immediate recollection under direct observation is required because a negative-dilute specimen had a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL.
* If that recollection results in another negative-dilute, the MRO must:
1. Review the CCF to ensure it is documented that the recollection was directly observed.
2. If properly documented as directly observed, report the result to the DER as a negative-dilute.
3. If the CCF shows the recollection was *not* directly observed, do not report a result, and again explain to the DER that an immediate recollection under direct observation must take place.