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Historical textIn force on Oct. 1, 2007Source: annual CFR editions 2001–2016

§ 40.208 What problem requires corrective action but does not result in the cancellation of a test?

Wording first on file in the 2001 annual edition, superseded May 2, 2023.

govinfo, 2007 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2007 edition's wording. An amendment that took effect between Oct. 1, 2007 and Oct. 1, 2007 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.208 — What problem requires corrective action but does not result in the cancellation of a test?. Text in force on October 1, 2007. This wording effective October 1, 2001 to May 2, 2023. Source: govinfo, 2007 edition, https://www.govinfo.gov/app/details/CFR-2007-title49-vol1/CFR-2007-title49-vol1-sec40-208. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.208?asof=2007-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing program, you become aware that the specimen temperature on the CCF was not checked and the “Remarks” line did not contain an entry regarding the temperature being out of range, you must take corrective action, including securing a memorandum for the record explaining the problem and taking appropriate action to ensure that the problem does not recur.

(b) This error does not result in the cancellation of the test.

(c) As an employer or service agent, this error, even though not sufficient to cancel a drug test result, may subject you to enforcement action under DOT agency regulations or Subpart R of this part.

[66 FR 41954, Aug. 9, 2001]

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previous
    [88 FR 27649, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [66 FR 41954, Aug. 9, 2001]
  3. Oct. 1, 2001 → May 2, 2023annual editions 2001–2016viewing
    [66 FR 41954, Aug. 9, 2001]

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.