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Implementation Guidelines - Federal Transit Administration - U.S. ...

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Are there requirements on the number of times you must attempt to contact the employee<br />

regarding a positive test?<br />

What do you do if you cannot contact the employee?<br />

Can you verify a drug test as positive without talking with the individual?<br />

Is one of those circumstances that the employee expressly declines the opportunity to discuss<br />

the test?<br />

After the employer representative has documented a contact with the individual directing<br />

him/her to contact the MRO, but the employee does not contact you, how many hours must<br />

you wait before you may verify a “no contact” positive?<br />

If neither the MRO nor the designated employer representative, after making all reasonable<br />

efforts, has been able to contact the employee, how many days must you wait before verifying<br />

a “no contact” positive?<br />

If the individual cannot be contacted, and a test is verified as a “no contact” positive, is the<br />

employee allowed to present to you information documenting that serious illness, injury,<br />

inability to contact MRO, lack of actual notice of the verified positive test result, or other<br />

circumstances unavoidably prevented the employee from contacting the MRO?<br />

In this case, if appropriate, do you reopen the verification, allowing the employee to present<br />

information concerning a legitimate explanation for the confirmed positive test result?<br />

What do you do if the laboratory confirms the presence of an opiate?<br />

In the case of a “shy bladder”, where an employee cannot provide an adequate specimen (at<br />

least 45 milliliters), do you have any involvement in determining whether the individual's ability<br />

to provide a specimen is genuine or constitutes a refusal to test?<br />

If the laboratory reports that the specimen has been "rejected for testing," what do you report<br />

about the test result to the DER?<br />

As the MRO, are there any "correctable flaws" that are your responsibility to correct?<br />

Is there a date after which a test taken on the 7-part CCF must be cancelled if it is not<br />

corrected?<br />

If you notify a collection site that a test was conducted on an expired CCF, what is the time<br />

period by which the collection site must correct the test, and what information must be<br />

provided to correct the test?<br />

As an MRO, if you cancel a laboratory confirmed positive, adulterated, substituted, or invalid<br />

drug test report, what do you complete on the CCF?<br />

As an MRO, when the laboratory reports a invalid result, what actions are you required to<br />

take?<br />

As an MRO, when you receive a laboratory report that a specimen is adulterated or<br />

substituted, do you have any responsibility for determining whether or not there may be a<br />

legitimate medical explanation for the test result?<br />

As the MRO verifying a specimen reported adulterated by the laboratory, do you have the<br />

burden of proof that there is no medical explanation for the presence of the adulterant in the<br />

specimen, or does the employee have the burden of proof that there is a medical explanation<br />

for the presence of the adulterant in the specimen?<br />

After you have informed the employee that you will verify the test as positive, adulterated, or<br />

substituted, what do you inform the employee concerning his/her rights to have the split<br />

specimen analyzed?<br />

What must you do when the employee requests a split specimen?<br />

To whom do you report when you receive the split specimen results from the second<br />

laboratory confirming the positive from the primary laboratory?<br />

What action would you take if the analysis of the split specimen test fails to reconfirm the<br />

presence of the drug(s) or drug metabolite(s) found in the primary specimen?<br />

Appendix K. Substance Abuse Management Oversight Questionnaires<br />

K-26<br />

August 2002

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