Issue link: http://palletcentral.uberflip.com/i/946815
the need for employers and third-party administrators to submit blind specimens, to reduce regulatory costs and burdens. A Medical Review Officer (MRO) must receive and review the drug test results from the employer's testing program, and also evaluate the medical explanations for certain drug test results, including the use of drugs legally pursuant to a valid prescription. The MRO may need to report medical information concerning a legally prescribed prescription as a result of more synthetic opioids being captured in tests under the new rule, and the interface with the MRO's obligation for reporting "significant safety risks" to the employer, the DOT, a state agency or examiner. To ensure that the employee is not caught by surprise when the MRO must file a report, the new rule will now require the MRO to give the worker up to five business days after the verified negative finding (for a legal prescription) to have the prescribing physician contact the MRO and determine if the medication can be changed to one without the effects that make the worker medically unfit, or that does not pose a significant safety risk. Only if that discussion does not alleviate the MRO's concerns would the MRO report any safety issues to the employer or third party. Currently, the rules only apply to urine tests. At this time, point- of-collection instant tests, hair tests, and oral fluid tests are not allowed under Part 40 for DOT drug testing. Under certain circumstances, blood or body tissue testing can be used, such as post-accident screening by the Federal Railroad Administration or the U.S. Coast Guard. Note that DOT-mandated drug testing (including post- accident) is one of the recognized exemptions to OSHA's recent e-recordkeeping rule, which otherwise classifies post-injury drug testing as a violation of workers' anti-retaliation rights, unless 26 PalletCentral • January-February 2018 palletcentral.com OSHA iStockphoto.com/welcomia