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Historical textIn force on May 2, 2023Source: eCFR

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

Wording effective May 2, 2023, superseded June 1, 2023.

eCFR as of May 2, 2023 ↗
What changedOct. 1, 2001 wording → May 2, 2023 wording+12 added−0 removedHide

Link to an amendment published at 88 FR 27649, May 2, 2023.
(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]

49 CFR § 40.208 — What problem requires corrective action but does not result in the cancellation of a test?. Text in force on May 2, 2023. This wording effective May 2, 2023 to June 1, 2023. Source: eCFR as of May 2, 2023, https://www.ecfr.gov/on/2023-05-02/title-49/section-40.208. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.208?asof=2023-05-02, on October 26, 2026. Unofficial compilation; verify against the official source.

Link to an amendment published at 88 FR 27649, May 2, 2023.

(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. previousviewing
    [66 FR 41954, Aug. 9, 2001]
  3. Oct. 1, 2001 → May 2, 2023annual editions 2001–2016
    [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.