---
kind: "section"
citation: "49 C.F.R. § 40.163"
title: "49"
number: "40.163"
heading: "How does the MRO report drug test results?"
url: "https://uscodex.org/cfr/49/40.163"
---

# §40.163. How does the MRO report drug test results?

- (a) **As the MRO, it is your responsibility to report all drug test results to the employer.**
- (b) You may use a signed or stamped and dated legible photocopy of Copy 2 of the CCF to report test results.
- (c) If you do not report test results using Copy 2 of the CCF for this purpose, you must provide a written report (e.g., a letter) for each test result. This report must, as a minimum, include the following information:
  - (1) Full name, as indicated on the CCF, of the employee tested;
  - (2) Specimen ID number from the CCF and the SSN or employee ID No.;
  - (3) Reason for the test, if indicated on the CCF (e.g., random, post-accident);
  - (4) Date of the collection;
  - (5) Date you received Copy 2 of the CCF;
  - (6) Result of the test (i.e., positive, negative, dilute, refusal to test, test cancelled) and the date the result was verified by the MRO;
  - (7) For verified positive tests, the drug(s)/metabolite(s) for which the test was positive;
  - (8) For cancelled tests, the reason for cancellation; and
  - (9) For refusals to test, the reason for the refusal determination (e.g., in the case of an adulterated test result, the name of the adulterant).
- (d) As an exception to the reporting requirements of paragraph [(b)](#b) and [(c)](#c) of this section, the MRO may report negative results using an electronic data file.
  - (1) If you report negatives using an electronic data file, the report must contain, as a minimum, the information specified in [paragraph (c)](#c) of this section, as applicable for negative test results.
  - (2) In addition, the report must contain your name, address, and phone number, the name of any person other than you reporting the results, and the date the electronic results report is released.
- (e) If you use a written report as provided in [paragraph (c)](#c) of this section to report results, you must retain a copy of the written report. If you use the electronic data file to report negatives, as provided in [paragraph (d)](#d) of this section, you must retain a retrievable copy of that report in a format suitable for inspection and audit by a DOT representative. In either case, you must keep the completed Copy 2 of the CCF. When completing Copy 2, either the MRO must sign and date it (for both negatives and non-negatives) or MRO staff must stamp and date it (for negatives only).
- (f) You must not use Copy 1 of the CCF to report drug test results.
- (g) You must not provide quantitative values to the DER or C/TPA for drug or validity test results. However, you must provide the test information in your possession to a SAP who consults with you (see [§ 40.293(g)](/cfr/49/40.293.md?p=g)).
- (h) You must maintain reports and records related to negatives and cancelled results for one year; you must maintain reports and records related to positives and refusals for five years, unless otherwise specified by applicable DOT agency regulations.

## Notes

### Amendments

[66 FR 41952, Aug. 9, 2001, as amended at 75 FR 49863, Aug. 16, 2010; 75 FR 59107, Sept. 27, 2010; 76 FR 59578, Sept. 27, 2011; 88 FR 27646, May 2, 2023]

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.

### Amendments

[66 FR 41952, Aug. 9, 2001, as amended at 75 FR 49863, Aug. 16, 2010; 75 FR 59107, Sept. 27, 2010; 76 FR 59578, Sept. 27, 2011; 88 FR 27646, May 2, 2023]