What if an Employee Can’t Provide a Specimen Due to a Medical Condition?

This section explains procedures when an employee has a permanent or long-term medical condition that prevents them from giving enough urine for a pre-employment, follow-up, or return-to-duty drug test. These test reasons require the employee to receive a negative result. Other test reasons do not. Refer to § 40.61(e) for urine collection or § 40.72 for oral fluid collection.

Medical Review Officer (MRO) Responsibilities:

1. Determine Drug Use Evidence: The MRO checks if there is clinical evidence of illicit drug use. The MRO conducts or arranges a medical evaluation and consults appropriate physicians.
2. Ensure Medical Evaluation: If the MRO does not perform the evaluation personally, a licensed physician acceptable to the MRO must complete it.
3. Alternative Testing: If needed, the evaluation can include an alternative test (e.g., blood) to identify drug use.

Reporting Results:

• If No Drug Use Evidence: The MRO reports a negative result to the employer. The MRO documents the condition and findings. The MRO must mark “Negative” on the Custody and Control Form (CCF), sign it, and date it.
• If Drug Use Evidence is Found: The MRO reports the test as cancelled. The MRO documents the condition and the drug use signs. A cancelled test prevents the employee from starting or resuming safety-sensitive duties.

Definition of Permanent or Long-Term Medical Conditions:

• These conditions involve physiological, anatomic, or psychological issues. They existed before the attempted test and are unlikely to improve.
• Examples include renal failure, urinary tract damage, or severe psychiatric disorders that affect urination.
• Temporary conditions, like cystitis, urethritis, or prostatitis, do not qualify.

Here at InOut Labs, we provide drug and alcohol and wellness testing services to businesses and individuals.

Get your test now at InOut Labs. You can come to our location, or one closer to you. Call us today: 847-657-7900.