What if a sole propietor gets a negative dilute result?

[Coffee Guy]

Here the story:

I have my own company that must deal with DOT regulations. I am the owner and only driver, so I'm my own boss.
Every couple of years, I have to take a DMV physical, which includes a drug test. I have no problem with that--I'm only an occasional smoker, healthy, exercise, etc. I can stay clean long enough to pass a test that I set up for myself.
The other time I have to test is when I get called for a random test from my drug group. I had to join a group, as do all commercial drivers, so I'm in a random pool and could get called up and be required to pass a drug test. Since this has never happened before, I guess they send an email or call, and tell me to go get tested. (This also seems odd. They claim I have to go right away, but what if I'm sick, tending to an emergency, or out of town?)
The question: since I am the owner, and my own employee, if I come up negative dilute, is it up to me what happens? Does it make me DOT compliant? It seems like I'm the one who oversees me, and I'd be fine with a negative dilute.

I look forward to thoughtful and knowledgeable comments.

Coffee Guy Reviewed by Coffee Guy on 05-07-2013. What if a sole propietor gets a negative dilute result? Here the story: I have my own company that must deal with DOT regulations. I am the owner and only driver, so I'm my own boss. Every couple of years, I have to take a DMV physical, which includes a drug test. I have no problem with that--I'm only an occasional smoker, healthy, exercise, etc. I can stay clean long enough to pass a test that I set up for myself. The other time I have to test is when I get called for a random test from my drug group. I had to join a group, as do all Rating: 5

[Burnt Toast]

This link here should be of some help:

DOT Rule 49 CFR Part 40 Section 40.197 | Department of Transportation

[Coffee Guy]

Thanks for the link. My question is: under what circumstances would an MRO request another test, and one under observation?
I mean, I drink a lot of water anyway. I always have. I've followed advice that says urine should be clear, because it shows you're flushing out your system. So if they say, "You're drinking too much water," could I reply, "Yeah, I have for years."
It seems to me that most of this testing is for employers to catch out employees. If I am both, I don't care. The testing lab makes its money. The drug consortium (to which I must belong, and to whom I pay for the tests) gets their money. The MRO gets their money. If a test comes up neg/dilute for the MRO, what power to they have to demand another test? And to whom do they report?

[Burnt Toast]

My question is: under what circumstances would an MRO request another test, and one under observation?

It is spelled out in the linked regulation. Did you not read it?

(b) As an employer, if the MRO informs you that a negative test was dilute, take the following action:

(1) If the MRO directs you to conduct a recollection under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL (see §40.155(c)), you must do so immediately.

(2) Otherwise (i.e., if the creatinine concentration of the dilute specimen is greater than 5 mg/dL), you may, but are not required to, direct the employee to take another test immediately.

(i) Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation (see §40.67 (b) and (c)).

So, if the MRO had not directed you an immediate resubmit under D/O (due to the creatinine concentration being between 2 - 5 mg/dL) then you have nothing to worry about there.

If a test comes up neg/dilute for the MRO, what power to they have to demand another test? And to whom do they report?

This is also stated in the regs. Read and learn:
DOT Rule 49 CFR Part 40 Section 40.155 | Department of Transportation

[squab]

So does this mean you shouldn't take creatine before a pee test? Or should?
If diluting, I think I recall reading that you should?
Just a clarification would be nice.
Thanks

[Burnt Toast]

So does this mean you shouldn't take creatine before a pee test? Or should?
If diluting, I think I recall reading that you should?
Just a clarification would be nice.
Thanks

When doing dilution techniques, you should always load up on creatine to help maintain satisfactory creatinine levels (over 20 mg/dL). Be sure to do your creatine-loading at least 3 days prior to the U/A to allow adequate time for the body to convert the creatine into creatinine (the end waste product that is found in the urine).