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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 49 - Transportation |
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Subtitle A - Office of the Secretary of Transportation |
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Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs |
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Subpart G - Medical Review Officers and the Verification Process |
§ 40.161 - What does the MRO do when a drug test specimen is rejected for testing?
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§ 40.161 What does the MRO do when a drug test specimen is rejected for testing?
As the MRO, when the laboratory reports that the specimen is rejected for testing (e.g., because of a fatal or uncorrected flaw), you must do the following:
(a) Place a check mark in the “Test Cancelled” box (Step 6) on Copy 2 (or a legible copy of Copy 3–5) of the CCF and enter the reason on the “Remarks” line. If you do not have Copy 2 (or a legible copy of Copy 3–5), then enter “Test Cancelled” and the reason for the cancellation on a report in the format required under § 40.163(c).
(b) Report to the DER that the test is cancelled and the reason for cancellation, and that no further action is required unless a negative test is required (e.g., in the case of a pre-employment, return-to-duty, or follow-up test).
(c) You may only report a test cancelled because of a rejected “rejected for testing test testing” laboratory result when you are in possession of a legible copy of Copy 1 of the CCF. In addition, you must have Copy 2 of the CCF, a legible copy of it, or any other copy of the CCF containing the employee's signature. If you do not have Copy 2 (or a legible copy of Copy 3–5), then enter “Test Cancelled” and the reason for the cancellation on a report in the format required under § 40.163(c).
[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27646, May 2, 2023]