What Happens If a DOT Split Specimen Fails to Reconfirm?

49 CFR 40.187 groups split specimen results into five categories.

In Category 1, the laboratory reconfirms one or more primary results. A reconfirmed positive drug result is the final result, and a reconfirmed adulterated or substituted result makes the refusal to test final.

In Category 2, the laboratory fails to reconfirm all of the primary results because the drug or metabolite was not detected or the adulteration or substitution criteria were not met. The MRO reports to the DER and the employee that the test must be cancelled and informs ODAPC of the failure to reconfirm. The MRO also directs an immediate observed recollection, with no advance notice, in two listed situations, including when the primary result was also invalid.

In Category 3, the laboratory fails to reconfirm and also reports the split as invalid, adulterated or substituted. If the split is invalid, the MRO cancels the test, directs an observed recollection and informs ODAPC. If the split is adulterated or substituted, the MRO contacts the employee and follows 49 CFR 40.145 to look for a legitimate medical explanation.

In Category 4, some but not all primary results are reconfirmed and the split is also reported as invalid, adulterated or substituted, so the employer acts only on the reconfirmed results. In Category 5, the split was not available or no split laboratory was available, so the MRO cancels the test and directs an observed recollection. MROs are listed in the MyDrugTesting.com directory.

Sources: 49 CFR 40.187