Split Specimen Testing Procedures

Employee Split Specimen Test Request

• Employees have 72 hours from notification of a positive drug test or refusal to test due to adulteration/substitution to request a split specimen test.
• Request can be verbal or written.
• Failure to request within 72 hours allows employees to present documented reasons like injury, illness, or lack of notice.
• MROs must consider these reasons—legitimate reasons trigger split specimen testing.

MRO Responsibilities in Split Specimen Testing

• MROs provide immediate written notification to the testing laboratory.
• MROs document the date and time of the employee's request.

Employer Responsibility for Split Specimen Costs

• Employers are responsible for timely split specimen testing.
• Employers must not require employee payment for the cost of testing.
• Employers may seek reimbursement from employees, but testing must occur regardless.

First Laboratory Procedures for Split Specimens

• Laboratories check for specimen availability.
• If unavailable/insufficient, normal testing for primary specimen continues.
• Laboratories inform MRO of unavailability, providing information on the cause.
• Laboratories are not authorized to open or otherwise handle split specimens without MRO authorization (except special cases in §40.83).
• Forwarding materials include the sealed split specimen, MRO instruction copy, and copy of the CCF.
• Laboratories must not include employee identity information in forwarding materials.

Second Laboratory Reconfirmation Procedures

• Laboratories test split specimens for drugs/metabolites confirmed in primary specimen.
• Tests are conducted regardless of concentration cutoffs.
• Laboratories perform validity tests if reconfirmation fails.
• Additional testing at another HHS-certified lab is possible if reconfirmation fails.

Second Laboratory Procedures for Adulterated Samples

• Laboratories test split specimens for detected adulterants, per relevant section and applicable guidelines.
• Validity testing and additional HHS-certified lab testing options exist if adulteration reconfirmation fails.

Second Laboratory Procedures for Substituted Samples

• Laboratories test split specimens for creatinine and specific gravity based on criteria in §40.88.

Split Specimen Report Information

• Laboratories provide results indicating reconfirmation or failure in Copy 1 of the CCF, using guideline specifics.
• Laboratories document the confirming scientist's name, signature, and date on the CCF.

Laboratory Reporting Methods

• Laboratories report results directly to the MRO at their place of business.
• This does not include the DER or service agents.
• Results are transmitted via fax, courier, mail, or electronic methods preferably within the same day/next business day. The fully signed CCF is transmitted.

MRO Actions Based on Split Specimen Results

• MROs categorize and act on split specimen results:
  • Category 1 (Reconfirmed): Report confirmed positive, refusal, or both results to the DER and employee.
  • Category 2 (Failed, no invalid): Cancel the test, notify ODAPC with the details. In certain circumstances (low creatinine concentrations) additional testing is required.
  • Category 3 (Failed, invalid): Cancel the test, notify ODAPC, may direct the collection of another specimen under direct observation.
  • Category 4 (Partially reconfirmed, invalid) : Follow the reconfirmation procedures for the successfully reconfirmed results, and the cancellation procedures for the invalid results.
  • Category 5 (Unavailable): Cancel Test, inform the DER, additional collecting is required under direct observation and inform ODAPC.
• MROs document the action taken on Copy 2 of the CCF and provide copies to the employee/employer.