49 C.F.R. § 40.165
To whom does the MRO transmit reports of drug test results?
(a) As the MRO, you must report all drug test results to the DER, except in the circumstances provided for in § 40.345 .
(b) If the employer elects to receive reports of results through a C/TPA, acting as an intermediary as provided in § 40.345 , you must report the results through the designated C/TPA.
Notes of Decisions
Cited in 2
cases, 2002–2013 · leading case: Rector v. LabOne, Inc., 208 F. Supp. 2d 987 (E.D. Ark. 2002).
Rector v. LabOne, Inc., 208 F. Supp. 2d 987 (E.D. Ark. 2002). “” See 49 C.F.R. §§ 40.165 , 40.3. Even if the employee requests that the split specimen be tested, the Medical Review Officer still must inform the Designated Employer Representative of the positive test result on the primary specimen.”
Barrett v. Claycomb, 976 F. Supp. 2d 1104 (W.D. Mo. 2013). “The regulations contain strict confidentiality provisions, see 49 C.F.R. § 40.165 , whereas Linn State’s policy only prohibits sharing results with law enforcement and specifically contemplates sharing results with parents of students under the age of twenty-one, [Plaintiffs’…”
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