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DOT Rule 49 CFR Part 40 Section 40.163 Q&A

§40.163                                                                    09/01
 
QUESTION:
 
Is it acceptable for an MRO to transmit a number of reports of drug test results per page to the employer, rather than one per page?
 
ANSWER:
 
• The Department recommends that MROs use Copy 2 of the CCF as the means of reporting all drug test results to employers.
 
• However, if you use a written report (all results) or an electronic report (negative results) meeting all the requirements of §40.163, rather than using Copy 2 of the CCF for this purpose, you must put only one such report on each page. This will help to prevent inadvertent breaches of confidentiality by the employer resulting from photocopying a multiple-result report and putting a copy in the file of each employee involved.
 
§40.163                                                                     09/01
 
QUESTION:
 
If the MRO uses a written report instead of a copy of the CCF to report results to employers, how should those reports be signed?
 
ANSWER:
 
• The MRO must sign all reports of non-negative results (i.e., positives, refusals, tests canceled, and invalids).
 
• The MRO or an MRO’s staff member may rubber stamp and initial negative results. The rubber stamp should identify the MRO.
 
• Each written report should be dated and indicate the address of the MRO.
 
 
§40.163                                                                     01/02
 
QUESTION:
 
May the MRO report an “interim” or “preliminary” test result to the employer (or C/TPA) while awaiting receipt of the MRO copy and/or the laboratory result?
 
ANSWER:
 
• No. An MRO must not report tests results until and unless he or she has received all required information from the collection site and laboratory.
 
• This means the MRO must have Copy 2 or a legible copy of Copy 2 (or any legible copy of a CCF page signed by the employee) and must have the drug test result (sent in the appropriate manners for negatives and non-negatives) from the laboratory.
 
• An MRO sending “in-progress” negative or non-negative results will be considered to be in violation of Part 40.
 
Updated: Thursday, November 1, 2012