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FMCSA Exception
The FMCSA has an admission of use, prior to testing provision. If this section has been adopted as part of your company policy, even though no testing has been conducted, the employee can be asked to stand down and is subject to Return To Duty protocol. You cannot take any adverse action (ex: termination or leave without pay) against the individual other then removal from the safety sensitive position if your company has accepted this Department Of Transportation option.
- No one is permitted to change or disregard the results of DOT drug and alcohol tests.
- DNA and any other verification testing is not permitted under Department Of Transportation testing rules - Additional testing that may be conducted will not be relevant to any DOT test.
- All test results must have the MRO signature.
- Test results should have the Donor’s name, however if the donor does not sign the CCF, this is not a fatal collection error and the test process will stand.
- All negative results must list the drugs and list the cut off levels.
- During the donor interview, regardless of the reason for the test, (including Pre-employment) the MRO is required to verbally advise the donor of his/her right to request a retest of Their split specimen if made within 72 hours.
- Positive results must have been at/or have exceeded DOT cut off levels on both the screen and the conformation for a test result to be reported as a confirmed Positive.
- Copies of all drug test results must be kept in a confidential secured area with limited access (lock and Key).
- Negative Drug test results must be kept for 1 year
- Positive results must be kept for 5 years.
- An attempt to interview the donor on all positive tests will be made by the MRO as follows:
3 attempts within 24 hours will be made. If the MRO is unable to contact the donor directly the DER will be advised. Once advised by the MRO, the DER needs to advise the individual to contact the MRO, the DER must document and advise the MRO of the date and time of this intervention with the donor. Once this information is received, the MRO will wait 72 hours from the time of the DER intervention at which time, if contact has not been established, a result will be reported without an interview. If the DER does not advise the MRO of the date and time of intervention, the MRO must hold the result and cannot report the result for 10 business days.
- The company is monetarily responsible to make thr retest happen if the donor requests it.
- Even if the donor was tested in a pre hire capacity (pre employment). The company can attempt to recuperate the costs incurred by the split specimen retest by making a provision for this in their company policy.
- The donor must make the request to retest his/her urine, (split specimen)
- No one else can direct a retest of this specimen (not the company or any other third party).
- If a retest request is made and cannot be completed, at the lab level/ the original test result is cancelled and the donor must immediately report for an observed collection regardless of the original reason for the test.
- The donor can request this verbally and the MRO must authorize this retest immediately.
- The company cannot send someone that has a positive result for a new test –
- On receipt of a positive result, you must immediately remove the positive employee from continuing to perform safety-sensitive functions.
- The request for the retest of specimen does not stay the company’s response to the reported positive test result.
The company policy should address the issue of wages and benefits in the event a retest result should differ form the original test result. - Regardless of company policy, every person that tests positive must be given a referral to a Substance Abuse Professional (SAP).
- The company is not responsible for rehabilitation unless offered by the company
- All results must go into the employees file.
- All positive results must show the drug the donor is positive for.
Drug Test Results Negative & Positive