- Under §40.327(a), an MRO must report drug test results and medical information to third parties without the employee’s consent, under certain circumstances spelled out in the rule.
- Under §40.327(b), a physician responsible for determining the medical qualifications of an employee under an applicable DOT agency safety regulation is a party to whom the MRO is instructed to provide this information.
- Consequently, if an MRO knows the identity of such a physician – even if the physician performs this function for a different employer – the MRO would provide the information. The MRO is not required to affirmatively seek out such physicians, however.
§§ 40.135; 40.327 01/18
QUESTION:
During the verification interview, the MRO may learn about a legally prescribed medication that would likely make the employee medically unqualified or would likely pose a significant safety risk. Section 40.135(e) requires the MRO to tell the employee to have his/her prescribing physician contact the MRO to discuss the MRO’s concern about the medication. If the prescribing physician does not speak with the MRO within 5 business days of the MRO informing the employee to have his/her prescribing physician contact the MRO, the MRO will report the information about the legally prescribed medication to the appropriate third party. Can the MRO report that information to a third party before 5 business days have elapsed?
ANSWER:
Yes, there could be instances where the MRO would not have to wait the 5 business days to report the information, for example:
The prescribing physician speaks with the MRO before 5 business days have elapsed and the significant safety risk remains unresolved.
The employee expressly declines to have his/her prescribing physician speak with the MRO.
If, during the verification interview, the MRO learns of a medical condition or diagnosis that is likely to result in the employee’s being medically unqualified under a DOT agency regulation (e.g, FAA, FMCSA, USCG), the MRO must report that information under the procedures in § 40.327. The 5-day pause provision in § 40.135(e) is inapplicable.
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.