262.109 Review of drug testing results.

Each operator shall designate or appoint a medical review officer (MRO). If an operator does not have a qualified individual on staff to serve as MRO, the operator may contract for the provision of MRO services as part of its anti-drug program.#

The MRO must be a licensed physician who has the qualifications required by DOT procedures.#

The MRO must perform functions for the operator as required by DOT procedures.#

The MRO must report all drug test results to the operator in accordance with DOT procedures.#

(e)Evaluation and rehabilitation may be provided by the operator, by a substance abuse professional under contract with the operator, or by a substance abuse professional not affiliated with the operator. The choice of substance abuse professional and assignment of costs shall be made in accordance with the operator/employee agreements and operator/employee policies.#

(f)The operators shall ensure that a substance abuse professional, who determines that a covered employee requires assistance in resolving problems with drug abuse, does not refer the covered employee to the substance abuse professional's private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit a substance abuse professional from referring a covered employee for assistance provided through:#

(1)a public agency, such as a State, county, or municipality;#

(2)the operator or a person under contract to provide treatment for drug problems on behalf of the operator;#

(3)the sole source of therapeutically appropriate treatment under the employee's health insurance program; or#

(4)the sole source of therapeutically appropriate treatment reasonably accessible to the employee.#