§ 40.33 What training requirements must a collector meet?

(a)To Medicalbe reviewpermitted officerto shallact reviewas confirmeda positivecollector results.in (1) An essential part of the DOT drug testing program, isyou themust finalmeet revieweach of confirmedthe positiverequirements resultsof fromthis thesection:
(a) laboratoryBasic information. AYou positivemust testbe resultknowledgeable doesabout notthis automaticallypart, identifythe ancurrent employee/applicant“DOT asUrine havingSpecimen usedCollection drugsProcedures inGuidelines,” violationand of a DOT agency regulation.regulations Anapplicable individual with a detailed knowledge of possible alternate medical explanations is essential to the reviewemployers offor results.whom Thisyou reviewperform shallcollections, beand performedyou bymust thekeep Medicalcurrent Reviewon Officerany (MRO)changes prior to thethese transmissionmaterials. ofThe theDOT resultsUrine toSpecimen employerCollection administrativeProcedures officials.Guidelines Thedocument MROis reviewavailable shallfrom includeODAPC review(Department of theTransportation, chain400 of7th custodyStreet, toSW., ensureRoom that10403, itWashington isDC, complete20590, and202-366-3784, sufficientor on its face.
(2) The duties of the MROODAPC withweb respectsite to negative results are purely administrative(http://www.dot.gov/ost/dapc).
(b) MedicalQualification review officer—qualifications and responsibilitiestraining. (1)You Themust MROreceive shallqualification betraining ameeting licensedthe physicianrequirements with knowledge of substancethis abuseparagraph. disordersQualification andtraining maymust beprovide aninstruction employeeon ofthe afollowing transportation employer or a private physician retained for this purpose.subjects:
(21) [Reserved]
(3)All Thesteps rolenecessary ofto thecomplete MROa iscollection tocorrectly review and interpretthe confirmedproper positivecompletion testand resultstransmission obtainedof through the employer'sCCF;
(2) testing“Problem” program.collections In carrying out this responsibility(e.g., thesituations MROlike shall“shy examinebladder” alternateand medicalattempts explanationsto fortamper anywith positive test result. This action may include conducting a medicalspecimen);
(3) interviewFatal andflaws, reviewcorrectable of the individual's medical historyflaws, orand reviewhow ofto anycorrect otherproblems relevantin biomedicalcollections; factors.and
(4) The MROcollector's shallresponsibility reviewfor allmaintaining medicalthe recordsintegrity madeof available by the testedcollection individualprocess, whenensuring athe confirmedprivacy positiveof testemployees couldbeing havetested, resultedensuring fromthe legallysecurity prescribedof medication.the The MRO shall notspecimen, however,and consideravoiding theconduct results or urinestatements samples that arecould notbe obtainedviewed oras processedoffensive inor accordance with this part.inappropriate;
(c) PositiveInitial testProficiency resultDemonstration. (1)Following Prioryour tocompletion makingof aqualification finaltraining decisionunder toparagraph verify(b) aof positivethis test result for an individualsection, theyou MROmust shalldemonstrate giveproficiency thein individualcollections anunder opportunitythis topart discussby thecompleting testfive resultconsecutive witherror-free himmock or hercollections.
(21) The MROfive shallmock contactcollections themust individualinclude directly,two onuneventful acollection confidential basisscenarios, toone determineinsufficient whetherquantity theof employeeurine wishesscenario, toone discusstemperature theout testof result.range A staff person under the MRO's supervision may make the initial contactscenario, and aone medicallyscenario licensedin orwhich certified staff person may gather information from the employee. Exceptrefuses asto providedsign in paragraph (c)(5) of this section, the MROCCF shalland talkinitial directly with the employeespecimen beforebottle verifyingtamper-evident a test as positiveseal.
(32) If,Another afterperson makingmust allmonitor reasonable efforts and documentingevaluate them,your the MRO is unable to reach the individual directlyperformance, thein MROperson shallor contactby a designatedmeans managementthat officialprovides whoreal-time shallobservation directand theinteraction individualbetween to contact the MROinstructor asand soon as possible. If it becomes necessary to reach the individual through the designated management officialtrainee, theand designatedattest managementin officialwriting shall employ procedures that ensure, to the maximummock extentcollections practicable,are the“error-free.” requirementThis thatperson themust employeebe contacta thequalified MROcollector iswho heldhas indemonstrated confidence.
(4)necessary Ifknowledge, after making all reasonable effortsskills, theand designatedabilities management official is unable to contact the employee, the employer may place the employee on temporary medically unqualified status or medical leave.by—
(5i) TheRegularly MROconducting mayDOT verifydrug a test ascollections positivefor withouta havingperiod communicatedof directlyat withleast thea employee about the test in three circumstances:year;
(iii) TheConducting employeecollector expresslytraining declinesunder thethis opportunitypart tofor discussa the testyear; or
(iiiii) NeitherSuccessfully thecompleting MROa nor“train the designatedtrainer” employercourse.
(d) representative,Schedule afterfor makingqualification alltraining reasonableand efforts,initial hasproficiency beendemonstration. ableThe tofollowing contactis the employeeschedule withinfor 14qualification daystraining ofand the dateinitial onproficiency whichdemonstration theyou MROmust receives the confirmed positive test result from the laboratory;meet:
(iii1) TheIf designatedyou employerbecame representative has successfully made and documented a contactcollector withbefore theAugust employee1, 2001, and instructedyou thehave employeealready tomet contact the MROrequirements (seeof paragraphs (cb)(3) and (c)(4) of this section), andyou moredo thannot five days have passedto sincemeet thethem date the employee was successfully contacted by the designated employer representativeagain.
(62) If ayou testbecame isa verifiedcollector positivebefore underAugust the1, circumstances specified in paragraph (c)(5) (ii) or (iii) of this section2001, theand employeehave mayyet present to themeet MRO information documenting that serious illness, injury, or other circumstances unavoidably prevented the employeerequirements fromof beingparagraphs contacted by the MRO or designated employer representative (paragraph (cb)(5)(ii) ofand this section) or from contacting the MRO (paragraph (c)(5)(iii) of this section) within the times provided. The MRO, onyou themust basisdo ofso suchno information,later maythan reopenJanuary the verification31, allowing the employee to present information concerning a legitimate explanation for the confirmed positive test2003. If the MRO concludes that there is a legitimate explanation, the MRO declares the test to be negative.
(73) FollowingIf verificationyou ofbecome a positivecollector teston result,or theafter MROAugust shall1, as provided in the employer's policy2001, referyou themust casemeet to the employer'srequirements employeeof assistanceparagraphs or(b) rehabilitationand program,(c) ifof applicable,this tosection thebefore managementyou officialbegin empowered to recommendperform orcollector take administrative action (or the official's designated agent), or bothfunctions.
(de) VerificationRefresher for opiates; review for prescription medicationtraining. BeforeNo theless MROfrequently verifiesthan aevery confirmedfive positiveyears resultfrom forthe opiates,date heon orwhich sheyou shallsatisfactorily determinecomplete that there is clinical evidence—in addition to the urinerequirements test—of unauthorizedparagraphs use of any opium, opiate, or opium derivative (e.g., morphine/codeineb). (Thisand requirement does not apply if the employer's GC/MS confirmation testing for opiates confirms the presence of 6-monoacetylmorphine.)
(ec) In a situation in which the employer has used the single sample method of collectionthis section, theyou MROmust shallcomplete notifyrefresher eachtraining employeethat whomeets hasall a confirmed positive test that the employeerequirements hasof 72paragraphs hours(b) inand which(c) to request a reanalysis of thethis originalsection.
(f) specimen,Error ifCorrection the test is verified positiveTraining. If requestedyou tomake doa somistake byin the employeecollection withinprocess 72that hourscauses of the employee's having been informed of a verified positive test, theto Medicalbe Reviewcancelled Officer shall direct, in writing, a reanalysis of the original sample(i. The MRO may also directe., in writing, such a reanalysisfatal if the MRO questions the accuracy or validityuncorrected of any test result. Only the MRO may authorize such a reanalysisflaw), andyou suchmust aundergo reanalysiserror maycorrection take place only at laboratories certified by DHHStraining. IfThis thetraining reanalysismust failsoccur towithin reconfirm30 thedays presence of the drugdate oryou drugare metabolite,notified theof MRO shall cancel the testerror andthat reportled theto cancellation and the reasonsneed for it to the DOT, the employer and the employeeretraining.
(f)(1) InError situationscorrection intraining whichmust thebe employerprovided usesand theyour splitproficiency sampledocumented method of collection, the MRO shall notify each employee who has a confirmed positive test that the employee has 72 hours in whichwriting toby request a testperson ofwho themeets split specimen, if the testrequirements is verified as positive. If the employee requests an analysis of theparagraph split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(sc) or drug metabolite(s2) foundof inthis the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the employer, and the employeesection.
(2) IfError thecorrection analysistraining of the split specimen is reconfirmedrequired byto thecover secondonly laboratory for the presencesubject ofmatter the drugarea(s) orin drugwhich metabolites(s), the MROerror shallthat notifycaused the employertest andto employeebe ofcancelled the results of the testoccurred.
(g3) IfAs anpart employeeof has not contacted the MROerror withincorrection 72 hourstraining, asyou providedmust indemonstrate paragraphsyour (e)proficiency andin (f) of this section, the employeecollection mayprocedures present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actualthis noticepart ofby thecompleting verifiedthree positiveconsecutive test,error-free ormock other circumstances unavoidably prevented the employee from timely contacting the MROcollections. IfThe themock MROcollections concludesmust thatinclude thereone isuneventful ascenario legitimateand explanationtwo forscenarios therelated employee's failure to contact the MRO within 72 hours, the MRO shall direct that the reanalysis of the primary specimen or analysis of the split specimen, as applicable, be performed.
area(hs) When the employer uses the split sample method of collection, the employee is not authorized to request a reanalysis of the primary specimen as provided in paragraphwhich (e)your of this section.
error(is) Disclosure of informationoccurred. ExceptThe asperson providedproviding in this paragraph, the MROtraining shallmust notmonitor discloseand toevaluate anyyour thirdperformance partyand medicalattest informationin providedwriting bythat the individualmock tocollections thewere MRO as a part of the testing verification process“error-free.”
(1g) TheDocumentation. MROYou maymust disclosemaintain suchdocumentation informationshowing tothat theyou employer,currently ameet DOTall agencyrequirements or other Federal safety agency, or a physician responsible for determining the medical qualification of thethis employeesection. underYou anmust applicableprovide DOTthis agencydocumentation regulation,on asrequest applicable, only if—
(i) An applicable DOT regulation permits or requires such disclosure;
(ii) In the MRO's reasonable medical judgment, the information could result in the employee being determined to be medically unqualified under an applicable DOT agency rule;representatives or
(iii)and In the MRO's reasonable medical judgment, in a situation in which there is no DOT agency rule establishing physical qualification standards applicable to theemployers employee,and theC/TPAs informationwho indicatesare thatusing continued performance by the employee of his or hernegotiating safety-sensitiveto functionuse couldyour pose a significant safety riskservices.
(2)[65 BeforeFR obtaining79526, medicalDec information from the employee as part of the verification process19, the2000; MRO66 shall inform the employee that information may be disclosed to third parties as provided in this paragraph and the identity of any parties to whom information may be disclosed.
[54 FR 498663885, DecJan. 117, 19892001, as amended at 5966 FR 735641950, FebAug. 159, 1994; 61 FR 37699, July 19, 19962001]