Implementation Guidelines - Federal Transit Administration - U.S. ...

attempts to contact the employee
must be documented.
• If, after making a reasonable effort,
the MRO is unable to reach the
individual directly, the MRO shall
contact the DER/DAPM. The DER
should make at least three attempts
to contact the employee within a 24hour
period. If contact is made, the
DER must instruct the employee to
contact the MRO immediately (no
longer than 72 hours) and explain the
consequences of failing to do so. If
the employee fails to contact the
MRO within 72 hours, the test will
be verified as a no-contact positive.
If, after making reasonable efforts
for a 24-hour period, the DER is
unable to contact the employee, the
employer may leave a message for
the employee instructing him/her to
contact the MRO and place the
employee on temporary unqualified
status or medical leave. If 10 days
pass with no employee contact, the
MRO will verify the test result as a
no-contact positive. All attempts to
contact the employee must be
documented.
• If contact is made, the MRO must
provide the employee with the
opportunity to discuss the test result
on a confidential basis. If the
employee declines to discuss the test
result with the MRO, the test will be
verified as a no-contact positive test
result. If the employee wishes to talk
to the MRO, the MRO staff may
schedule the interview, but must not
gather any medical information or
information concerning possible
explanations for the test result. The
staff may advise an employee to
have medical information ready to
present to the MRO.
• The MRO verification interview with
the employee must be made by
telephone or in person. The MRO
must tell the employee that the test
result was positive, adulterated,
substituted, or invalid and the basis
for the test result (i.e., presence of
drug or adulterant, or validity test
results). The MRO must explain the
verification process and the potential
need for further medical evaluation.
The MRO must warn the employee
before any medical information is
discussed that the MRO must
disclose to third parties (i.e.,
employer, SAP, NTSB, DOT, FTA)
without the employee’s consent for
drug test result information and
medical information affecting the
performance of safety-sensitive
duties that the employee provides.
• The MRO will review and interpret
an individual’s confirmed nonnegative
(i.e., positive, adulterated,
substituted, invalid) test by (1)
reviewing the individual’s medical
history, including any medical
records and biomedical information
provided; (2) affording the individual
an opportunity to discuss the test
result; and (3) verifying the
authenticity of all medical records
(i.e., prescriptions, medical
procedures) the employee provides.
The MRO may contact the
employee’s physician or other
relevant medical personnel for
further information. Based on the
information that was provided and
verified, the MRO must decide
whether there is a legitimate medical
explanation for the result, including
legally prescribed medication.
Chapter 7. Drug Testing Procedures 7-18 August 2002