Who Pays for a Split Specimen Test in DOT Drug Testing?

DOT rule 49 CFR 40.173 addresses payment for a split specimen test. Under paragraph (a), once an employee makes a timely request for a test of the split specimen, the employer is responsible for making sure that the MRO, the first laboratory and the second laboratory perform their functions in a timely manner. The rule gives the example of setting up accounts with laboratories for split specimen testing.

Under paragraph (b), the employer must not condition compliance on the employee paying the MRO or laboratory directly, or on the employee agreeing to reimburse the employer. If the employer asks the employee to pay and the employee is unwilling or unable to do so, the employer must still make sure the test takes place in a timely manner, even if that means the employer pays.

Under paragraph (c), the employer may seek payment or reimbursement of all or part of the cost from the employee, such as through a written company policy or a collective bargaining agreement. The rule states that Part 40 takes no position on who ultimately pays, as long as the employer makes sure the testing is done as required and the results are released appropriately.

The request process and the 72-hour window are covered in How Does a Split Specimen Test Work after a Positive DOT Drug Test? MROs and laboratories are listed in the MyDrugTesting.com directory.

Sources: 49 CFR 40.173, 49 CFR 40.171