How Long Does an MRO Take to Report DOT Drug Test Results?

The reporting deadlines in Part 40 run from the time the MRO verifies a result. Under 49 CFR 40.167(b), verified positive results, results requiring an immediate collection under direct observation, adulterated or substituted results and other refusals to test go to the DER "on the same day the MRO verifies the result or the next business day." Direct telephone contact with the DER is the preferred method of immediate reporting, followed by documentation.

Under 40.167(c), the MRO's reports of verified tests must be transmitted so that the DER receives them within two days of verification. The report may be a legible image or copy of the signed or stamped and dated Copy 2 of the CCF or a written report, sent by fax, courier, mail or electronic transmission. Negative results reported in an electronic data file do not need an image of Copy 2 or the written report.

The time before verification depends on the steps in Part 40. For negatives, 49 CFR 40.127 requires the MRO to review the CCF and the laboratory result before releasing the result. For confirmed positive, adulterated, substituted or invalid results, 49 CFR 40.131 requires the MRO to contact the employee, and 49 CFR 40.133 allows verification without an interview only in listed circumstances, such as when more than 72 hours have passed since a documented DER contact.

Under 49 CFR 40.165, the MRO reports results to the DER, or through a consortium/third-party administrator (C/TPA) when the employer has chosen to receive results that way under 49 CFR 40.345. For motor carriers, 49 CFR 382.705(a)(1) requires the MRO to report verified positive, adulterated and substituted results, and refusal determinations the MRO makes under the listed provisions, to the FMCSA Drug and Alcohol Clearinghouse within 2 business days.

Recipients of results are covered in Who Can Receive an Employee's DOT Drug Test Results?. The contents of an MRO's report are covered in What Information Is in an MRO's Report of a DOT Drug Test Result?, and Clearinghouse queries in What Drug and Alcohol Clearinghouse Queries Must Employers Run?.

The MyDrugTesting.com directory can be searched by provider name, city or ZIP code to find listed MROs.