Can someone other than the employee direct that an MRO have the employee’s split specimen tested?

• No. Because the split specimen exists to provide the employee with “due process” in the event that he or she desires to challenge the primary specimen’s results, only the employee can request that the split specimen be tested. 

• In addition, an employer or a union (or other labor representative) may not act on the behalf of the employee in requesting that the split specimen be tested. 

• The employee must make the request directly to the MRO.

DOT Part 40 Questions and Answers 1/2002