Legal Myths, Part III: Can You Sue an MRO If You Fail A Drug Test?

This is the third installment in our video and blog series on legal myths. The first focused on the issue of warrantless searches of sleeper berths. The second focused on the issue of whether or not a carrier must give drivers copies of load confirmation sheets. Watch our third video in this series on YouTube here.

This installment of the series focuses on another topic that has caused drivers confusion and consternation on a number of fronts: drug testing. Often issues arise when a driver contests the results revealed by a drug test. In particular, our firm often gets calls from drivers who want to sue the MRO (medical review officer) who performed their drug test, a scenario arising after the employee has tested positive but disagrees with the result.

An MRO is someone who is designated by the carrier to confirm a positive controlled substance test. Their job is simply to call employees to inform them when they have tested positive, and to give the employee an opportunity to provide an explanation for the testing result. For example, the MRO might call an employee with information that the employee tested positive for a given drug, and the employee might truthfully respond that the employee has a doctor’s prescription for that drug.

It is important to remember that an MRO is not your doctor. It is also important to remember that neither is the MRO your company’s doctor. Rather, an MRO is someone defined within the specific meaning of the DOT’s drug and alcohol testing regulations. As such, they do not engage in malpractice when they merely relay the results of a positive test to the tested employee. Such actions have been attempted in court but have not been successful.

If you believe you claim against your doctor and are considering pursuing legal action, give our firm a call (952) 657-5780! We’ll be happy to talk you through the options you can pursue.