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Current textSource: eCFR

§ 40.107 Who may inspect laboratories?

Current wording, in the annual edition revised as of Oct. 1, 2001.

eCFR (current) ↗
What changedOct. 1, 1996 wording → Oct. 1, 2001 wording (current)+33 added−131 removedHide

AnAs alcohol test using a non-evidentiallaboratory, screeningyou devicemust shallpermit bean invalidinspection, underwith theor followingwithout circumstances:
(a)prior Withnotice, respectby toODAPC, a testDOT conductedagency, onor a salivaDOT-regulated device—
(1)employer Thethat resultcontracts iswith read before two minutes or after 15 minutes from the timelaboratory the swab is inserted into the device;
(2) The device does not activate;
(3) The device is used for adrug testtesting afterunder the expirationDOT datedrug printed on its package; or
(4) The STT fails to note in the remarks section of the form that the screening test was conducted using a saliva device;
(b) With respect to a test conducted on any non-evidential alcohol testing deviceprogram, the STT has failed to note on the remarks section of the form that the employee has failed or refused to sign the formdesignee following the recording on the form of thesuch testan resultemployer.

49 CFR § 40.107 — Who may inspect laboratories?. Text current through October 15, 2026. This wording effective October 1, 2001 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-40.107. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.107, on October 26, 2026. Unofficial compilation; verify against the official source.

As a laboratory, you must permit an inspection, with or without prior notice, by ODAPC, a DOT agency, or a DOT-regulated employer that contracts with the laboratory for drug testing under the DOT drug testing program, or the designee of such an employer.

Amendment history

2 distinct wordings on file since Oct. 1, 1996
  1. Oct. 1, 2001 → presentannual editions 2001–2016diff vs. previousviewing
  2. 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. Set a case date in the header to read any earlier wording.