§ 40.208 What problems require corrective action but do not result in the cancellation of a test?
Current wording, effective June 1, 2023.
(a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing program, you become aware that any of the following omissions listed in paragraphs (a)(1) through (3) of this section occurred, you must take corrective action, including securing a memorandum for the record explaining the problem and taking appropriate action to ensure the problem does not recur:
(1) For a urine collection, 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; or
(2) For an oral fluid collection, youthe mustcollector takefailed correctiveto actioncheck the box in Step 2 of the CCF that indicates “Each Device was Within Expiration Date” but the collector entered the “Split Specimen Device Expiration Date” in Step 4 of the CCF.
(3) For an oral fluid collection, includingthe securingcollector aerred memorandumby forentering the recordexpiration explainingdate as the problem“Primary/Single andSpecimen takingDevice appropriateExpiration actionDate” toinstead ensureof thatentering the problemdate doesas notthe recur“Split Specimen Device Expiration Date” in Step 4 of the CCF.
(b) ThisThe errorerrors doeslisted in paragraph (a) of this section do not result in the cancellation of the test.
(c) As an employer or service agent, the errors listed in paragraph (a) of this errorsection, even though not sufficient to cancel a drug test result, may subject you to enforcement action under DOT agency regulations or Subpartsubpart R of this part.
[6688 FR 4195427649, Aug.May 92, 20012023]
(a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing program, you become aware that any of the following omissions listed in paragraphs (a)(1) through (3) of this section occurred, you must take corrective action, including securing a memorandum for the record explaining the problem and taking appropriate action to ensure the problem does not recur:
(1) For a urine collection, 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; or
(2) For an oral fluid collection, the collector failed to check the box in Step 2 of the CCF that indicates “Each Device was Within Expiration Date” but the collector entered the “Split Specimen Device Expiration Date” in Step 4 of the CCF.
(3) For an oral fluid collection, the collector erred by entering the expiration date as the “Primary/Single Specimen Device Expiration Date” instead of entering the date as the “Split Specimen Device Expiration Date” in Step 4 of the CCF.
(b) The errors listed in paragraph (a) of this section do not result in the cancellation of the test.
(c) As an employer or service agent, the errors listed in paragraph (a) of this section, 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.
[88 FR 27649, May 2, 2023]
Amendment history
3 distinct wordings on file since Oct. 1, 2001- [88 FR 27649, May 2, 2023]
- [66 FR 41954, Aug. 9, 2001]
- 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. Set a case date in the header to read any earlier wording.