§FMCSR.com
Historical textIn force on Dec. 4, 2018Source: eCFR

§ 40.161 What does the MRO do when a drug test specimen is rejected for testing?

Wording first on file in the 2001 annual edition, superseded May 2, 2023.

eCFR as of December 4, 2018 ↗

As the MRO, when the laboratory reports that the specimen is rejected for testing (e.g., because of a fatal or uncorrected flaw), you must do the following:

(a) Place a check mark in the “Test Cancelled” box (Step 6) on Copy 2 of the CCF and enter the reason on the “Remarks” line.

(b) Report to the DER that the test is cancelled and the reason for cancellation, and that no further action is required unless a negative test is required (e.g., in the case of a pre-employment, return-to-duty, or follow-up test).

(c) You may only report a test cancelled because of a rejected for testing test result when you are in possession of a legible copy of Copy 1 of the CCF. In addition, you must have Copy 2 of the CCF, a legible copy of it, or any other copy of the CCF containing the employee's signature.

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. [65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27646, May 2, 2023]
  2. Oct. 1, 2001 → May 2, 2023annual editions 2001–2016viewing

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.