Section 40.163 Questions and Answers

• The Department recommends that MROs use Copy 2 of the CCF as the means of reporting all drug test results to employers.
• However, if you use a written report (all results) or an electronic report (negative results) meeting all the requirements of §40.163, rather than using Copy 2 of the CCF for this purpose, you must put only one such report on each page. This will help to prevent inadvertent breaches of confidentiality by the employer resulting from photocopying a multiple-result report and putting a copy in the file of each employee involved.

• The MRO must sign all reports of non-negative results (i.e., positives, refusals, tests canceled, and invalids).
• The MRO or an MRO’s staff member may rubber stamp and initial negative results. The rubber stamp should identify the MRO.
• Each written report should be dated and indicate the address of the MRO.

• No. An MRO must not report tests results until and unless he or she has received all required information from the collection site and laboratory.
• This means the MRO must have Copy 2 or a legible copy of Copy 2 (or any legible copy of a CCF page signed by the employee) and must have the drug test result (sent in the appropriate manners for negatives and non-negatives) from the laboratory.
• An MRO sending “in-progress” negative or non-negative results will be considered to be in violation of Part 40.

This information was copied from a federal government resource. Always verify the accuracy of this information against the most recent version of the Code of Federal Regulations: https://www.ecfr.gov/current/title-49/subtitle-A/part-40 or the Office of Drug & Alcohol Policy & Compliance: https://www.transportation.gov/odapc.