§ 40.201 What problems always cause a drug test to be cancelled and may result in a requirement for another collection?
Wording in the annual edition revised as of Oct. 1, 2008, superseded May 2, 2023.
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 testreports ofthat the primarysplit specimen isfailed positiveto andreconfirm all of the splitprimary specimen isresults reportedbecause by the laboratory as “Failure to Reconfirm: Drugdrug(s)/Drugdrug Metabolitemetabolite(s) Notwere Detectednot detected; adulteration criteria were not met; and/or substitution criteria were not met.” You must follow the applicable procedures in § 40.187(b) (—no recollection is required in this case).,
(d)Theunless laboratory'sthe testsplit resultspecimen creatinine concentration for thea substituted primary specimen iswas adulteratedgreater than or substitutedequal andto 2mg/dL but less than or equal to 5mg/ dL, or the splitprimary specimen ishad an invalid result which was not reported byto the laboratoryDER. asBoth “Adulterantthese notcases foundrequire withinrecollection criteria,”under ordirect “observation.
(d) The laboratory reports that the split specimen notfailed consistentto withreconfirm substitutionall criteriaof the primary specimen results, asand applicablethat the split specimen was invalid. You must follow applicablethe procedures in § 40.187(c) (no 1)—recollection under direct observation is required in this case).
(e) The laboratory's testreports ofthat the primarysplit specimen isfailed positive,to adulterated,reconfirm orall substitutedof andthe primary specimen results because the split specimen iswas unavailablenot available for testing or there was no split laboratory available to test the specimen. You must follow the applicable procedures in § 40.187(de) (—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).
[65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008]
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 reports that the split specimen failed to reconfirm all of the primary specimen results because the drug(s)/drug metabolite(s) were not detected; adulteration criteria were not met; and/or substitution criteria were not met. You must follow the applicable procedures in § 40.187(b)—no recollection is required in this case, unless the split specimen creatinine concentration for a substituted primary specimen was greater than or equal to 2mg/dL but less than or equal to 5mg/ dL, or the primary specimen had an invalid result which was not reported to the DER. Both these cases require recollection under direct observation.
(d) The laboratory reports that the split specimen failed to reconfirm all of the primary specimen results, and that the split specimen was invalid. You must follow the procedures in § 40.187(c)(1)—recollection under direct observation is required in this case.
(e) The laboratory reports that the split specimen failed to reconfirm all of the primary specimen results because the split specimen was not available for testing or there was no split laboratory available to test the specimen. You must follow the applicable procedures in § 40.187(e)—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).
[65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008]
Amendment history
4 distinct wordings on file since Oct. 1, 2001- [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008; 88 FR 27648, May 2, 2023]
- [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008]
- [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35974, June 25, 2008]
- Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007
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.