Ask X3What does 49 CFR 40.197 (What happens when an employer receives a report of a dilute urine specimen?) require?
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As a motor-carrier owner, here is what you must do when you receive a report of a dilute urine specimen, according to 49 CFR 40.197:
* If the dilute specimen is a positive drug test: Treat it simply as a verified positive test. You must not direct the employee to take another test just because the specimen was dilute.
* If the dilute specimen is a negative test and the MRO directs a direct-observation recollection: (Creatinine concentration between 2 mg/dL and 5 mg/dL), you must immediately conduct a recollection under direct observation.
* If the dilute specimen is a negative test and the creatinine concentration is greater than 5 mg/dL: You may choose to require another test immediately, but you are not required to do so. If you choose to retest, you must follow these rules:
* Do not collect these recollections under direct observation unless there is a separate valid reason to do so.
* Treat all employees the same (e.g., you cannot retest some employees and skip others, though you can have different policies for different test types, like pre-employment versus random).
* Inform your employees in advance of your retest policies.
* Give the employee the minimum possible advance notice to get to the collection site.
* Use the result of this new test—and not the prior test—as the official test result of record.
* If this second test also comes back negative and dilute, you cannot force the employee to take yet another test (unless the MRO specifically directs a direct-observation recollection based on creatinine levels between 2 and 5 mg/dL).
* If the employee refuses to take the retest you directed, treat it as a test refusal under DOT regulations.