What does 49 CFR 40.205 (How are drug test problems corrected?) require?

Based on 49 CFR 40.205, drug test problems are corrected using the following practical steps:

* Collector Responsibilities During Collection: If you are a collector and become aware of a procedural or paperwork error during or shortly after the collection that prevents a valid test, you must try to promptly correct it if practicable, which may include conducting another collection. If a new collection is necessary, start it as soon as possible using a new CCF and a new collection kit.

* General Correction Duty: If you are a collector, laboratory, MRO, employer, or anyone else implementing these regulations and you discover an uncorrected problem, you must take all practicable action to correct it so the test is not cancelled.

* Fixing Missing Information: If the problem is missing information, the person responsible for providing it must supply the missing details in writing along with a true and accurate statement. This must be transmitted by fax or courier on the same business day you are notified.

* Fixing Incorrect Forms: If an expired or non-Federal form was used, you must provide a signed memorandum for the record stating that the form contains all information needed for a valid DOT test, that it was used inadvertently or due to circumstances beyond your control, and outlining steps taken to prevent future use. The specimen must have been tested at an HHS-certified laboratory. This must also be transmitted by fax or courier on the same business day you are notified.

* Recordkeeping and Marking: You must keep the written correction documentation with the CCF and mark the CCF (such as with a stamp) so it is obvious on its face that the flaw was corrected.

* Cancellation: If the correction does not take place, the MRO must cancel the test.