Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-19-7 - Drug Testing Standards7.1. The employer shall ensure that its drug testing contractor is registered with the Office of Miners' Health, Safety and Training pursuant to 36 CSR. §36-20-4 and is aware of this section of the rule and complies with the following standards for collection and testing of samples: 7.1.1. The drug testing contractor shall comply with all provisions found in 36 CSR. §20-1 et seq.7.1.2. The drug testing contractor shall follow all standards, procedures, and protocols set forth by the United States Department of Transportation's rule, 49 CFR Part 40, for the collection of urine samples and chemical test of breath for the presence of alcohol.7.1.3. Collected samples shall be tested by laboratories certified by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) for collection and testing.7.1.4. The drug testing contractor's drug testing protocol shall be a 10-panel split sample urine test containing the substances identified in Section 5.4. of this rule.7.1.5. The drug testing contractor shall provide a medical review officer who shall possess the ability and medical training necessary to verify positive confirmed test results and evaluate those results in relation to a certified person's medical history or other biomedical information and follow all procedures outlined in the SAMHSA medical review officer manual. However, for purposes of determining whether a drug test is positive the certified employee may not rely on a prescription dated more than 1 year prior to the date of the drug test result.7.2. The drug testing contractor shall ensure that its collector, laboratory and medical review officer provide assistance to the Office of Miners' Health, Safety and Training as needed to evaluate and prosecute any failed tests, including testifying at a Board of Appeals hearing and related services. The drug testing contractor shall ensure that its collectors, laboratories, and medical review officers comply with and honor administrative subpoenas issued by the Board of Appeals regardless of whether they are physically present in another state. Laboratory certifying scientists and medical review officers shall be permitted to testify by telephone. If not set forth contractually between the drug testing contractor and the employer, any costs and fees associated with the testimony and related services of the drug testing contractor, collector, laboratory and medical review officer shall be the responsibility of the employer.