Your employer is responsible for ensuring that follow - up testing is conducted and completed, and your employer may have a policy that all follow - up tests are
collected under direct observation.
(3) As the MRO, you should not contact the employee to discuss the result, but rather direct the DER to conduct an immediate
recollection under direct observation without prior notification to the employee.
Board your animal (s) with us and rest assured that they will not only be pampered but that they will be
under the direct observation of your veterinarian.
(f) As an employer who receives a drug test result indicating that the employee's urine specimen test was cancelled because it was invalid and that a second collection must take
place under direct observation --
Part 40 directs the collector to discard the first specimen if the temperature was out of range or the specimen showed signs of tampering and the employee refused to provide a second
specimen under direct observation.
(6) In a case where a specimen is collected
under direct observation because of the temperature being out of range, you must process both the original specimen and the specimen collected using direct observation and send the two sets of specimens to the laboratory.
If you detect such conduct, you must require that a collection take place
immediately under direct observation (see § 40.67) and complete Step 2 by noting the conduct in the «Remarks» line of the CCF and the fact that the collection was observed by checking the «Observed» box.
The report must also state why the medical examination was required (i.e., either the basis for the determination that a permanent or long - term medical condition exists or because the recollection
under direct observation resulted in another invalid result for the same reason, as appropriate) and for the determination that no signs and symptoms of drug use exist.
-- The employee has up to 3 o'clock and any remaining fluids to provide an adequate amount of
urine under direct observation: The employee is not given an additional three hours and is not offered an additional 40 ounces of fluids.
Provided, however, that if the MRO directs you to conduct a recollection
under direct observation under paragraph (b)(1) of this section, you must immediately do so.
(c) When you report a dilute specimen to the DER, you must explain to the DER the employer's obligations and choices under § 40.197, to include the requirement for an immediate recollection
under direct observation if the creatinine concentration of a negative - dilute specimen was greater than or equal to 2mg / dL but less than or equal to 5mg / dL.
(2) In a case where a specimen is
collected under direct observation because of showing signs of tampering, you must process both the original specimen and the specimen collected using direct observation and send the two sets of specimens to the laboratory.
The report must also state why the medical examination was required (i.e., either the basis for the determination that a permanent or long - term medical condition exists or because the recollection
under direct observation resulted in another invalid result for the same reason, as appropriate) and state the reason for the determination that signs and symptoms of drug use exist.
You must also, as soon as possible, inform the DER and collection site supervisor that a collection took
place under direct observation and the reason for doing so.
(n) As a service agent, when you learn that a directly observed collection should have been collected but was not, you must inform the employer that it must direct the employee to have an immediate
recollection under direct observation.
If you hear sounds or make other observations indicating an attempt to tamper with a specimen, there must be an additional collection
under direct observation (see § § 40.63 (e), 40.65 (c), and 40.67 (b)-RRB-.
(i) Such recollections must not be collected
under direct observation, unless there is another basis for use of direct observation (see § 40.67 (b) and (c)-RRB-.
(1) If the MRO directs you to conduct a recollection
under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg / dL, but less than or equal to 5 mg / dL (see § 40.155 (c)-RRB-, you must do so immediately.
• When a specimen is out of temperature range or shows signs of tampering and the employee refuses to provide a second specimen
under direct observation, it is considered a refusal to test.
(5) If the recollection was not directly observed as required, do not report a result but again explain to the DER that there must be an immediate recollection
under direct observation.
(4) If the CCF documentation indicates that the recollection was not directly observed as required, do not report a result but again explain to the DER that there must be an immediate recollection
under direct observation.
(d) If the employee's recollection
under direct observation, in paragraph (c) of this section, results in another negative - dilute, as the MRO, you must:
(iv) If you determine that time and temperature fail to account for the pH value, you must cancel the test and direct another collection
under direct observation, as provided at paragraph (a)(5) of this section.
(3) If CCF documentation indicates that the recollection was not directly observed as required, do not report a result but again explain to the DER that there must be an immediate recollection
under direct observation.
(b) You must transmit to the DER on the same day the MRO verifies the result or the next business day all verified positive test results, results requiring an immediate collection
under direct observation, adulterated or substituted specimen results, and other refusals to test.
Such recollections must not be collected
under direct observation, unless there is another basis for use of direct observation (see § 40.67 (b) and (c)-RRB-.