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From: g woodall
Password: orange
Date: 25 Mar 2008
Time: 17:43:27 -0800
Remote Name: 68.52.204.228
Good questions!
Q1 I don't find it explicit in the regulations, either, but it is usual and customary for MROs to only report the one result. It is implicit that the other result is canceled. To explicitly report it would only be confusing. (A good practice is to add a comment to the one reported: "paired specimen #### canceled due to <reason>," and I suppose you could report the other as canceled with comment "see report for specimen ####.") If someone finds it in the regulations or DOT's Q&As, please chime in. (Now I'm curious about how this situation affects the lab's quarterly report? It probably counts as two separate tests.)
Q2 It would have perhaps been best to have simply not issued a report as opposed to a "canceled" because you did not have CCF copy 2 [49 CFR 40.129(b)]. I don't find a set time limit in the regulations for this situation. You have no good reason at this point to reopen the review on a 2006 specimen and several good ones not to review now. Currently, the rights of the donor are not violated and the donor had no adverse consequence. (But in theory could still be waiting for employment!) Note the following. For the MRO, a donor has five days to present evidence, 10 days to reach donor for review, and 60 days to reopen a positive or refusal result. As for the others involved, see also:
 | 49 CFR §40.17, the employer must not assume no news is good news if the report to the employer is delayed. |
| 49 CFR §40.73(a)(9), the collector must submit the CCF to the MRO within 24 hours or next business day. |
| 49 CFR §40.205(1), problems should be corrected promptly. |
Besides, specimens from 2006 no longer have their splits available, computerized pharmacy records are often not available, etc., which certainly compromises any review process. Should the requesters balk, perhaps suggest contacting the DOT about whether reviewing now or possibly issuing a PIE for some of those involved is more appropriate here. Also remember for both questions, §40.149(c), the MRO is the ONLY person who can change a result. You are the "final" authority.