['Drug and Alcohol Testing - DOT', 'Physical exam - Motor Carrier']
['Medical review officer (MRO) - Motor Carrier', 'Medical examiner - Motor Carrier']
10/15/2024
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Question 1:A medical examiner conducts a physical examination of a driver (Section 391.43) and also acts as the MRO for the driver’s pre-employment controlled substances test. Though the driver is otherwise physically qualified, the medical examiner declines to issue a medical examiner’s certificate because the driver tested positive for controlled substances. What should the medical examiner do when the same driver, under the aegis of a different employer, returns a short period later, is otherwise physically qualified, and tests negative for controlled substances? What, if anything, may the medical examiner reveal to the second employer if he/she declines to issue a certificate to the driver?
Guidance: The driver may be physically unqualified under Section 391.41(b)(12) if the medical examiner determines, based on other evidence besides the drug test, including, but not limited to knowledge of the prior positive test result, that the driver continues to use prohibited drugs (Section 391.43 Medical examination; certificate of physical examination). If the medical examiner so determines, a medical examiner’s certificate may not be issued. If the medical examiner determines that the driver does not use prohibited drugs, a medical examiner’s certificate may be issued.
The FHWA does not regulate communications between a medical examiner and employer, other than requiring notification by the MRO to the employer of controlled substances test results under Part 382 [see Section 382.407(a)]. Though medical examiners must retain the physical examination form, employers are not required to do so. Many employers choose, however, to contract with medical examiners to provide copies of the ‘‘long form’’ to the employers. The FMCSRs leave it solely a matter between the medical examiner and the employer whether the medical examiner merely declines to issue a medical examiner’s certificate or also makes available to the employer the long form, which may include notes on alcohol and controlled substances use.
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['Drug and Alcohol Testing - DOT', 'Physical exam - Motor Carrier']
['Medical review officer (MRO) - Motor Carrier', 'Medical examiner - Motor Carrier']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.