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

§ 40.201 What problems always cause a drug test to be cancelled and may result in a requirement for another collection?

Wording first on file in the 2001 annual edition, superseded by the 2008 annual edition.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.

As the MRO, you must cancel a drug test when a laboratory reports that any of the following problems have occurred. You must inform the DER that the test was cancelled. You must also direct the DER to ensure that an additional collection occurs immediately, if required by the applicable procedures specified in paragraphs (a) through (e) of this section.

(a) The laboratory reports an “Invalid Result.” You must follow applicable procedures in § 40.159 (recollection under direct observation may be required).

(b) The laboratory reports the result as “Rejected for Testing.” You must follow applicable procedures in § 40.161 (a recollection may be required).

(c) The laboratory's test of the primary specimen is positive and the split specimen is reported by the laboratory as “Failure to Reconfirm: Drug(s)/Drug Metabolite(s) Not Detected.” You must follow applicable procedures in § 40.187(b) (no recollection is required in this case).

(d) The laboratory's test result for the primary specimen is adulterated or substituted and the split specimen is reported by the laboratory as “Adulterant not found within criteria,” or “ specimen not consistent with substitution criteria, as applicable. You must follow applicable procedures in § 40.187(c) (no recollection is required in this case).

(e) The laboratory's test of the primary specimen is positive, adulterated, or substituted and the split specimen is unavailable for testing. You must follow applicable procedures in § 40.187(d) (recollection under direct observation is required in this case).

(f) The examining physician has determined that there is an acceptable medical explanation of the employee's failure to provide a sufficient amount of urine. You must follow applicable procedures in § 40.193(d)(1) (no recollection is required in this case).

Amendment history

4 distinct wordings on file since Oct. 1, 2001
  1. [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008; 88 FR 27648, May 2, 2023]
  2. [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008]
  3. [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008]
  4. Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007viewing

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.