What does 49 CFR 40.173 (Who is responsible for paying for the test of a split specimen?) require?

Based on 49 CFR 40.173, as a motor-carrier owner, your responsibilities regarding the payment and handling of a split specimen test are as follows:

* Ensure Timely Processing: Once an employee makes a timely request for a split specimen test, you are responsible for ensuring—such as by setting up appropriate accounts with the laboratories—that the Medical Review Officer (MRO), the first laboratory, and the second laboratory perform their testing functions promptly.

* Do Not Condition Compliance on Employee Payment: You must not refuse or delay ordering the split specimen test just because the employee hasn't paid the MRO or laboratory directly, or because they haven't agreed to reimburse you. If an employee is unwilling or unable to pay when asked, you must still ensure the test happens immediately, meaning you may have to pay for it upfront.

* Right to Seek Reimbursement: You are permitted to seek payment or reimbursement for all or part of the test cost from the employee (for example, through your written company policy or a collective bargaining agreement). Federal regulations do not take a position on who ultimately pays, as long as you ensure the test is conducted and the results are released as required.