Ala. Admin. Code r. 480-5-6-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-5-6-.04 - Medical Review Officer

(1) Qualifications and Responsibilities:

(a) The MRO shall not be an employee of the laboratory conducting the drug test unless the laboratory establishes a clear separation of functions to prevent any appearance of a conflict of interest.

(b) The role of the MRO is to review and interpret confirmed positive test results obtained through the employer's testing program. The MRO shall examiner alternative medical explanations for any positive test result. This action may include conducting a medical interview and review of the positive test result. This action may include conducting a medical interview and review of the individual's medical history, or review of any other relevant biomedical factors. The MRO shall not, however, consider the results of urine samples that are not obtained or processed in accordance with Code of Ala. 1975, §§ 25-5-330 through 25-5-340.

(2) Reporting and Review of Results:

(a)Positive Result - An essential part of the drug testing program is the final review of confirmed positive results from the laboratory. A positive test result does not automatically identify an employee/applicant as having used drugs in violation of employer policies. This review shall be performed by the Medical Review Officer (MRO) prior to the transmission of the results to employer administrative officials. The MRO review shall include review of the chain of custody to ensure that it is complete and sufficient on its face.

1. Prior to making a final decision to verify a positive test result for an individual, the MRO shall give the individual an opportunity to discuss the test results with him or her.

2. Following verification of a positive test result, the MRO shall, as provided in the employer's policy, refer the case to the employer's employee assistance or rehabilitation program, if applicable, to the management official empowered to recommend or take administrative action (or the officials' designated agent), or both.

3. The MRO shall notify each employee who has a confirmed positive test that the employee has 72 hours in which to request a reanalysis of the original specimen, if the single sample method of collection was used, or request a test of the split specimen, if the split sample method of collection was used, if the test is verified as positive.

Only the MRO may authorize such a reanalysis. IF the reanalysis of the single sample or analysis of the split sample fails to reconfirm the presence of the drug or drug metabolite, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report the cancellation to the employer.

4. If an employee has not contacted the MRO within 72 hours, the employee may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the employee from timely contacting the MRO. If the MRO concludes that there is a legitimate explanation for the employee's failure to contact the MRO within 72 hours, the MRO shall direct that the reanalysis of the primary specimen or analysis of the split specimen, as applicable, be performed.

(b)Negative Result - The duties of the MRO with respect to negative results are purely administrative.

(3) Blind Performance Test Procedures:

(a) Each employer or MRO shall use blind testing quality control procedures as provided in this rule.

(b) Each employer or MRO shall submit three blind performance test specimens for each 100 employee specimens it submits, up to a maximum of 100 blind performance test specimens submitted per quarter.

Author: Workers' Compensation Division

Ala. Admin. Code r. 480-5-6-.04

New Rule: Filed July 19, 1996; effective August 23, 1996.

Statutory Authority:Code of Ala. 1975, §§ 25-5-330 through 25-5-340.