§FMCSR.com
Historical textIn force on Oct. 1, 2001Source: annual CFR editions 2001–2007

§ 40.105 What happens if the laboratory reports a result different from that expected for a blind specimen?

Wording in the annual edition revised as of Oct. 1, 2001, superseded by the 2008 annual edition.

govinfo, 2001 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2001 edition's wording. An amendment that took effect between Oct. 1, 2001 and Oct. 1, 2001 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 2001 wording+119 added−124 removedHide

(a) If you are an employeeemployer, isMRO, unableor toC/TPA providewho sufficientsubmits breatha toblind completespecimen, aand testif onthe aresult non-evidentialreported breathto testingthe device,MRO is different from the proceduresresult ofexpected, §you 40.69must applyinvestigate the discrepancy.
(b) If anthe employeeunexpected result is unablea tofalse providenegative, sufficientyou salivamust toprovide completethe alaboratory testwith onthe aexpected salivaresults screening device (e.g.,obtained from the employeesupplier doesof notthe provideblind sufficientspecimen), salivaand todirect activate the device),laboratory theto STT,determine asthe providedreason infor §the 40discrepancy.101
(c) ofIf thisthe part,unexpected shallresult conductis a newfalse testpositive, usingyou amust newprovide device.the Iflaboratory with the employeeexpected refusesresults to(obtained completefrom the newsupplier test,of the STTblind shallspecimen), terminate testing and immediatelydirect inform the employer.laboratory This constitutes a refusal to test.
(c)determine If the newreason testfor isthe completed,discrepancy. butYou theremust isalso annotify insufficientODAPC amount of saliva to activate the device,discrepancy STTby shalltelephone immediately(202-366-3784) informor thee-mail employer,(addresses whichare shalllisted immediatelyon causethe anODAPC alcoholweb testsite, tohttp://www.dot.gov/ost/dapc). beODAPC administeredwill tonotify theHHS employeewho usingwill antake EBTappropriate action.

49 CFR § 40.105 — What happens if the laboratory reports a result different from that expected for a blind specimen?. Text in force on October 1, 2001. This wording effective October 1, 2001 to October 1, 2008. Source: govinfo, 2001 edition, https://www.govinfo.gov/app/details/CFR-2001-title49-vol1/CFR-2001-title49-vol1-sec40-105. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.105?asof=2001-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) If you are an employer, MRO, or C/TPA who submits a blind specimen, and if the result reported to the MRO is different from the result expected, you must investigate the discrepancy.

(b) If the unexpected result is a false negative, you must provide the laboratory with the expected results (obtained from the supplier of the blind specimen), and direct the laboratory to determine the reason for the discrepancy.

(c) If the unexpected result is a false positive, you must provide the laboratory with the expected results (obtained from the supplier of the blind specimen), and direct the laboratory to determine the reason for the discrepancy. You must also notify ODAPC of the discrepancy by telephone (202-366-3784) or e-mail (addresses are listed on the ODAPC web site, http://www.dot.gov/ost/dapc). ODAPC will notify HHS who will take appropriate action.

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Nov. 13, 2017 → Jan. 1, 2018eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
  2. Oct. 1, 2008 → Nov. 13, 2017annual editions 2008–2016diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
  3. Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007diff vs. previousviewing
  4. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.