How Does an Employee Request a Split Specimen Drug Test?

Department of Transportation Regulations dictate that when an employee shows up positive on a drug test, they must be notified of their right of a split specimen test. Under DOT rules, when a specimen is collected, the sample is split between two vials. One of these vials is used for the laboratory test, and the second one, the split, is help in storage.

Upon the request of the employee, the second split sample is transported and tested at a different HHS certified substance abuse testing laboratory. This procedure is used to rule out any possibility of laboratory error. The regulations are stated as follows:

(a) As an employee, when the Medical Review Officer (MRO) has notified you that you have a verified positive drug test or refusal to test because of adulteration or substitution, you have 72 hours from the time of notification to request a test of the split specimen. The request may be verbal or in writing. If you make this request to the MRO within 72 hours, you trigger the requirements of this section for a test of the split specimen.

(b) If, as an employee, you have not requested a test of the split specimen within 72 hours, you may present to the MRO information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO (e.g., there was no one in the MRO's office and the answering machine was not working), or other circumstances unavoidably prevented you from making a timely request.

(c) As the MRO, if you conclude from the employee's information that there was a legitimate reason for the employee's failure to contact you within 72 hours, you must direct that the test of the split specimen take place, just as you would when there is a timely request.

When the employee makes a timely request for a test of the split specimen under paragraphs (a) and (b) of this section, you must, as the MRO, immediately provide written notice to the laboratory that tested the primary specimen, directing the laboratory to forward the split specimen to a second HHS-certified laboratory. You must also document the date and time of the employee's request.

For information about split specimen testing and how it is performed, please see DOT split-specimen testing requirements