14.0 MRO REVIEW (49 CFR Part 40,
Subpart G)
14.1 Every
drug test result reported by the laboratory will be reviewed by a qualified Medical Review Officer (MRO) who will be the medical director or an MRO selected by Union Pacific. In each case, prior to making a final
decision to verify a positive test result reported by the laboratory, the MRO will make a reasonable effort to contact the employee tested and give them an opportunity to discuss the result.
14.2 If
the MRO, or a staff person under the MRO's supervision, is unable to reach the employee directly after reasonable efforts, the MRO will contact the Designated Employer Representative (DER) or designee, who will direct
the employee to contact the MRO as soon as possible. If it becomes necessary to reach the employee in this way, the manager will employ procedures that ensure, to the maximum extent practicable, that the instruction to
contact the MRO is held in confidence.
14.3 If
neither the MRO nor the Union Pacific, after making all reasonable efforts, has been able to contact the employee within 10 days of the date the MRO receives a positive test result from the laboratory, the test will be
declared a “no-contact positive.”
14.4 UP Policy
After making all reasonable efforts, if the Union Pacific manager is unable to contact the employee, the manager will place the employee in
“physical pending” status.
14.5 The
MRO will verify a test as positive without communicating directly with an employee when the employee expressly declines the opportunity to discuss the test; or when the Union Pacific has instructed the employee to
contact the MRO and more than seventy-two hours have passed after that instruction was conveyed, or the MRO or UP is unable to contact the employee within 10 days.
14.6 If,
after successfully contacting the employee, the MRO determines there is a legitimate medical explanation for the positive test result, the MRO will report the test result as negative.
14.7 If
the MRO verifies the test result as positive, the MRO will instruct the employee not to report to, or perform any service. The MRO will report the result to the Union Pacific DER, as needed for administrative action.