Ask X3What does 49 CFR 40.199 (What problems always cause a drug test to be cancelled?) require?
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Based on 49 CFR 40.199, the Medical Review Officer (MRO) must always cancel a drug test when the laboratory discovers a "fatal flaw" during the processing of incoming specimens and reports that the specimen has been "Rejected for Testing."
The specific "fatal flaws" that require a test to be cancelled are:
1. There is no Custody and Control Form (CCF).
2. A specimen was collected, but no specimen was submitted with the CCF.
3. There is no printed collector's name and no collector's signature.
4. Two separate collections are performed using one CCF.
5. The specimen ID numbers on the specimen bottle and the CCF do not match.
6. The specimen bottle seal is broken or shows evidence of tampering (and a split specimen cannot be re-designated).
7. There is an insufficient amount of specimen in the primary specimen bottle for analysis due to leakage or other causes, and the specimens cannot be re-designated.
8. For an oral fluid collection, the collector used an expired device at the time of collection.
9. For an oral fluid collection, the collector failed to enter the expiration date in Step 4 of the CCF, and the laboratory confirmed that the device was expired.
After cancelling the test due to these reasons, the MRO must report the result as provided in § 40.161.