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

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substance abuse professionals, and<br />

individual employees; assess the<br />

proposed method of notifying<br />

employees of verified positive test<br />

results and the method used to afford<br />

employees the opportunity to discuss<br />

test results;<br />

5. Assess the availability and cost for<br />

expert testimony for associated court<br />

cases; and<br />

6. If not based locally, have the MRO<br />

indicate how face-to-face medical<br />

evaluations with employees will be<br />

conducted (i.e., an opiate positive,<br />

insufficient volume) and how the<br />

MRO will coordinate with the<br />

DER/DAPM and local substance<br />

abuse professionals.<br />

When the services of an MRO have been<br />

retained, the employer should be sure to:<br />

• Define procedures for disclosure of<br />

verified non-negative test results to<br />

the employer, and the confidentiality<br />

that is required for medical<br />

information not specifically related<br />

to the use of drugs;<br />

• Notify the MRO of the specimen<br />

collection sites, laboratories, and<br />

SAPs used by the employer;<br />

• Provide the MRO with copies of the<br />

employer’s policy and procedures<br />

manual;<br />

• Make sure the MRO has a copy of<br />

the regulations (49 CFR Parts 40 and<br />

655) and the DOT MRO <strong>Guidelines</strong>;<br />

and<br />

• Specify reporting procedures and<br />

record keeping requirements.<br />

If the employer has an FTA-approved stand<br />

down policy (see discussion in Chapter 4 of<br />

these guidelines), the MRO must work<br />

closely with the employer and the laboratory<br />

to work out reporting procedures, timelines,<br />

and verification logistics.<br />

Section 5. CORRECTABLE AND<br />

FATAL FLAWS<br />

Fatal Flaws and Test Cancellations.<br />

Any time a service agent, employer, or other<br />

entity involved in the testing process<br />

becomes aware of an error in the testing<br />

process, it must be documented. Most<br />

problems that arise in the collection process<br />

are correctable following procedures<br />

established in §40.205. However, there are<br />

four errors that cannot be corrected if they<br />

occur, and are not followed by a retest.<br />

DOT has identified the following errors and<br />

omissions as “fatal flaws” that must result in<br />

a specimen being rejected by the laboratory<br />

(§40.199).<br />

1. Specimen identification number on<br />

the specimen bottle does not match<br />

the specimen identification number<br />

on the custody and control form.<br />

2. Collector’s printed name and<br />

signature are both missing from the<br />

custody and control form.<br />

3. Primary specimen volume is less<br />

than 30 mL and the split specimen<br />

cannot be re-designated as the<br />

primary specimen.<br />

4. Specimen bottle seal is broken or<br />

shows evidence of tampering and the<br />

split specimen cannot be redesignated<br />

as the primary specimen.<br />

In addition, the MRO must cancel a test<br />

when the following situations exist. In some<br />

cases, as designated below, the MRO may<br />

Chapter 7. Drug Testing Procedures 7-24 August 2002

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