Ask X3What does 49 CFR 40.201 (What problems always cause a drug test to be cancelled and may result in a requirement for another collection?) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
As a motor-carrier owner, here is what 49 CFR 40.201 requires regarding drug tests that must be cancelled based on laboratory or medical reports:
According to 49 CFR 40.201, the Medical Review Officer (MRO) must cancel a drug test and inform your Designated Employer Representative (DER) when the laboratory reports any of the following problems. The MRO must also direct the DER to ensure an additional collection occurs immediately, if required:
* Invalid Result: The laboratory reports an "Invalid Result." The MRO follows § 40.159, and a recollection under direct observation may be required.
* Rejected for Testing: The laboratory reports the result as "Rejected for Testing." The MRO follows § 40.161, and a recollection may be required.
* Split Specimen Fails to Reconfirm (Negative/Not Met): The laboratory reports that the split specimen failed to reconfirm the primary specimen because drugs/metabolites were not detected, adulteration criteria were not met, and/or substitution criteria were not met. No recollection is required *unless* the split specimen creatinine concentration for a substituted primary was $\ge$ 2 mg/dL and $\le$ 5 mg/dL, or the primary specimen had an unported invalid result. These two exceptions require recollection under direct observation.
* Split Specimen Fails to Reconfirm (Invalid): The laboratory reports that the split specimen failed to reconfirm the primary specimen and was invalid. Recollection under direct observation is required.
* Split Specimen Unavailable: The laboratory reports that the split specimen failed to reconfirm because the split specimen was not available for testing or no split laboratory was available. Recollection under direct observation is required.
* Medical Explanation for Insufficient Specimen: The examining physician determines there is an acceptable medical explanation for the employee's failure to provide a sufficient amount of specimen. No recollection is required in this case.