Ask X3What does 49 CFR 40.161 (What does the MRO do when a drug test specimen is rejected for testing?) require?
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As your fleet-compliance assistant, Ask X3, here is what 49 CFR 40.161 requires when a drug test specimen is rejected for testing:
The Medical Review Officer (MRO) must take the following specific steps:
1. Complete the Custody and Control Form (CCF):
* Place a check mark in the "Test Cancelled" box (Step 6) on Copy 2 (or a legible copy of Copies 3–5) of the CCF.
* Write the reason for the cancellation on the "Remarks" line.
* *Exception:* If you do not have Copy 2 (or a legible copy of Copies 3–5), enter "Test Cancelled" and the reason on a report in the format required under § 40.163(c).
2. Notify the Designated Employer Representative (DER):
* Inform the DER that the test is cancelled, provide the reason for the cancellation, and state that no further action is required unless a negative test is specifically needed (such as for a pre-employment, return-to-duty, or follow-up test).
3. Verify Paperwork Requirements:
* The MRO can only report a test as cancelled due to a "rejected for testing" result if they possess a legible copy of Copy 1 of the CCF.
* Additionally, the MRO must have Copy 2 of the CCF, a legible copy of it, or another CCF copy containing the employee's signature. (If Copy 2 or a legible copy of Copies 3–5 is missing, the alternative report format under § 40.163(c) must be used).