§ 40.163 How does the MRO report drug test results?

(a) As the MRO, it is your responsibility to report all drug test results to the employer.
(b) You may use a signed or stamped and dated legible photocopy of Copy 2 of the CCF to report test results.
(c) If you do not report test results using Copy 2 of the CCF for this purpose, you must provide a written report (e.g., a letter) for each test result. This report must, as a minimum, include the following information:
(1) Full name, as indicated on the CCF, of the employee tested;
(2) Specimen ID number from the CCF and the donor SSN or employee ID numberNo.;
(3) Reason for the test, if indicated on the CCF (e.g., random, post-accident);
(4) Date of the collection;
(5) Date you received Copy 2 of the CCF;
(6) Result of the test (i.e., positive, negative, dilute, refusal to test, test cancelled) and the date the result was verified by the MRO;
(7) For verified positive tests, the drug(s)/metabolite(s) for which the test was positive;
(8) For cancelled tests, the reason for cancellation; and
(9) For refusals to test, the reason for the refusal determination (e.g., in the case of an adulterated test result, the name of the adulterant); and
(10) The DOT Agency, if noted on the CCF.
(d) As an exception to the reporting requirements of paragraph (b) and (c) of this section, the MRO may report negative results using an electronic data file.
(1) If you report negatives using an electronic data file, the report must contain, as a minimum, the information specified in paragraph (c) of this section, as applicable for negative test results.
(2) In addition, the report must contain your name, address, and phone number, the name of any person other than you reporting the results, and the date the electronic results report is released.
(e) YouIf mustyou retainuse a signedwritten orreport stampedas andprovided datedin copyparagraph (c) of Copythis 2section ofto thereport CCFresults, inyou yourmust recordsretain a copy of the written report. If you douse notthe useelectronic Copydata 2file forto reportingreport resultsnegatives, as provided in paragraph (d) of this section, you must maintainretain a retrievable copy of thethat signedreport orin stampeda format suitable for inspection and datedaudit letterby ina additionDOT torepresentative. theIn signedeither orcase, stampedyou andmust datedkeep the completed Copy 2. Ifof you use the electronicCCF. dataWhen filecompleting toCopy report negatives2, youeither the MRO must maintainsign aand retrievabledate copyit of(for thatboth reportnegatives inand anon-negatives) formator suitableMRO forstaff inspectionmust stamp and auditingdate byit a(for DOTnegatives representativeonly).
(f) You must not use Copy 1 of the CCF to report drug test results.
(g) You must not provide quantitative values to the DER or C/TPA for drug or validity test results. However, you must provide the test information in your possession to a SAP who consults with you (see § 40.293(g)).
(h) You must maintain reports and records related to negatives and cancelled results for one year; you must maintain reports and records related to positives and refusals for five years, unless otherwise specified by applicable DOT agency regulations.
[66 FR 41952, Aug. 9, 2001, as amended at 75 FR 49863, Aug. 16, 2010; 75 FR 59107, Sept. 27, 2010; 76 FR 59578, Sept. 27, 2011; 88 FR 27646, May 2, 2023]