Ask X3What does 49 CFR 40.171 (How does an employee request a test of a split specimen?) require?
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Based on 49 CFR 40.171, here are the practical steps and requirements for an employee requesting a split specimen test after a verified positive drug test or a refusal due to adulteration or substitution:
* Deadline: The employee must request the test within 72 hours of being notified by the Medical Review Officer (MRO). Note that split specimen testing is not available for an invalid result.
* How to Request: The request can be made either verbally or in writing to the MRO.
* Late Requests: If the employee misses the 72-hour window, they can still present documentation to the MRO proving that a serious injury, illness, lack of actual notice, inability to contact the MRO, or other unavoidable circumstances prevented a timely request. If the MRO determines there was a legitimate reason for the delay, the MRO will direct that the split specimen test take place.
* MRO Action: When a timely request is made, the MRO must immediately document the date and time of the request and provide written notice to the primary laboratory, directing it to forward the split specimen to a second HHS-certified laboratory.