The process of communicating workplace drug test results is highly regulated, particularly when a result is not clearly negative. The communication flow involves the testing facility, a licensed physician known as the Medical Review Officer (MRO), and the employer or applicant. The employer often does not receive raw laboratory data; instead, they receive a verified, final result from the MRO. This structure ensures that initial lab findings are reviewed for medical legitimacy before an employment decision is made, creating a necessary buffer.
The Role of the Medical Review Officer (MRO)
The Medical Review Officer (MRO) is a licensed physician who serves as an independent and impartial gatekeeper for the drug testing process. The MRO is responsible for receiving and reviewing all laboratory results, acting as the central liaison between the donor, the testing facility, and the employer. This role ensures the accuracy and integrity of the testing procedure.
The MRO’s primary function is to evaluate any non-negative findings before reporting them to the employer. This includes determining if a legitimate medical explanation (LME) exists for substances found in the sample, such as valid prescriptions. By reviewing this information, the MRO protects the individual’s private medical information while providing the employer with a verified result. For instance, if a laboratory result is positive due to a prescribed medication, the MRO reports the final result to the employer as negative.
How Employers Communicate Negative Results
When a drug test result is negative, meaning no prohibited substances were detected or the MRO has cleared a non-negative lab finding, communication is swift and straightforward. The MRO reports the verified negative result directly to the employer’s designated representative. This outcome typically requires minimal formal communication from the employer to the applicant or employee.
In pre-employment scenarios, the communication is often implied; a negative result allows the hiring process to continue, resulting in a job offer or a start date. If formal notification is provided, it is usually done quickly, sometimes in writing alongside other onboarding documents. Negative results have the fastest turnaround time, often being available to the employer within 24 to 72 hours of the lab receiving the specimen.
The Confirmation Process for Non-Negative Results
A non-negative result from the laboratory, such as a preliminary positive, adulterated, or substituted specimen, triggers a detailed confirmation process led by the MRO. The MRO must confidentially contact the tested individual to discuss the initial findings and determine if a legitimate medical explanation (LME) exists for the result.
The MRO is required to make at least three attempts to contact the individual within a 24-hour period. If contact is unsuccessful, the MRO asks the employer’s representative to instruct the individual to contact the MRO within 72 hours. During this confidential interview, the individual provides documentation, such as prescriptions, to support the LME. If the MRO validates the explanation, the result is reported as negative; otherwise, the MRO verifies the result as positive, a refusal to test, or invalid.
Employer Notification of a Confirmed Positive Result
Once the MRO confirms a result as positive, adulterated, or substituted, they report this final, verified outcome to the employer. This MRO-verified result is the official basis for the employer to take adverse action. The employer is obligated to notify the applicant or employee of the confirmed positive result, which is typically done in writing.
The notification often includes a copy of the drug test results and outlines the consequences, which depend on the employer’s policy and the job’s nature. For pre-employment testing, a confirmed positive result usually leads to the withdrawal of the job offer. For current employees, consequences can range from termination to mandatory enrollment in a Substance Abuse Professional (SAP) program, especially for positions regulated by the Department of Transportation (DOT). Employers must also follow specific procedures, including Federal Credit Reporting Act (FCRA) requirements for providing adverse action notices if a consumer reporting agency was involved.
Employee Rights and Challenging Test Outcomes
After receiving notification of a confirmed positive result, the tested individual has the right to challenge the outcome. The primary recourse is requesting a re-test of the split sample, also known as the B sample. During collection, the specimen is divided into two bottles: the primary A sample and the split B sample, which is preserved for this purpose.
The individual must request the re-test within a specific timeframe, often 72 hours from notification of the verified positive result. The re-test must be conducted at a different certified laboratory than the original one. The cost is typically borne by the individual unless the re-test invalidates the original finding. Employees covered by union agreements or certain state laws may also have access to internal appeal or grievance procedures.
Expected Timelines for Receiving Results
The amount of time it takes to receive a drug test result depends heavily on the outcome of the initial laboratory screening. Negative results are the fastest, with turnaround times often falling between 24 and 48 hours after the laboratory receives the sample. While some rapid screening tests provide faster results, the MRO verification process still applies for final reporting.
Non-negative results take significantly longer because they trigger the MRO’s verification and interview process. Once a preliminary non-negative result is flagged, the MRO must attempt to contact the individual, which adds time. The entire confirmation process, including the MRO interview and review of medical documentation, can extend the timeline to between four and ten days, depending on the individual’s response time.