[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.159]

[Page 580-581]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 40_PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING 
 
     Subpart G_Medical Review Officers and the Verification Process
 
Sec.  40.159  What does the MRO do when a drug test result is invalid?

    (a) As the MRO, when the laboratory reports that the test result is 
an invalid result, you must do the following:
    (1) Discuss the laboratory results with a certifying scientist to 
obtain more specific information.
    (2) Contact the employee and inform the employee that the specimen 
was invalid or contained an unexplained interfering substance. In 
contacting the employee, use the procedures set forth in Sec.  40.131.
    (3) After explaining the limits of disclosure (see Sec. Sec.  
40.135(d) and 40.327), you should inquire as to medications the employee 
may have taken that may interfere with some immunoassay tests.
    (4) If the employee gives an explanation that is acceptable, you 
must:
    (i) Place a check mark in the ``Test Cancelled'' box (Step 6) on 
Copy 2 of the CCF and enter ``Invalid Result'' and ``direct observation 
collection not required'' on the ``Remarks'' line.
    (ii) Report to the DER that the test is cancelled, the reason for 
cancellation, and that no further action is required unless a negative 
test result is required (i.e., pre-employment, return-to-duty, or 
follow-up tests).
    (5) If the employee is unable to provide an explanation and/or a 
valid prescription for a medication that interfered with the immunoassay 
test but denies having adulterated the specimen, you must:
    (i) Place a check mark in the ``Test Cancelled'' box (Step 6) on 
Copy 2 of

[[Page 581]]

the CCF and enter ``Invalid Result'' and ``direct observation collection 
required'' on the ``Remarks'' line.
    (ii) Report to the DER that the test is cancelled, the reason for 
cancellation, and that a second collection must take place immediately 
under direct observation.
    (iii) Instruct the employer to ensure that the employee has the 
minimum possible advance notice that he or she must go to the collection 
site.
    (b) You may only report an invalid test result when you are in 
possession of a legible copy of Copy 1 of the CCF. In addition, you must 
have Copy 2 of the CCF, a legible copy of it, or any other copy of the 
CCF containing the employee's signature.
    (c) If the employee admits to having adulterated or substituted the 
specimen, you must, on the same day, write and sign your own statement 
of what the employee told you. You must then report a refusal to test in 
accordance with Sec.  40.163 .