Ask X3What does 49 CFR 40.207 (What is the effect of a cancelled drug test?) require?
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Based on 49 CFR 40.207, a cancelled drug test has the following effects and rules for motor-carrier employers:
* Status: A cancelled test is neither positive nor negative.
* Positive Consequences Prohibited: You must not treat a cancelled test as a positive test or apply consequences like removing a driver from a safety-sensitive position.
* Negative Test Purposes Prohibited: You cannot use a cancelled test as a negative test to clear a driver to perform safety-sensitive functions for pre-employment, return-to-duty, or follow-up tests.
* Recollections: Generally, you must not order a recollection simply because a test was cancelled, except when required for pre-employment, return-to-duty, or follow-up tests, or if another specific regulation requires a new test.
* Random Testing: A cancelled test does not count toward meeting your required minimum DOT random testing rate.
* Non-DOT Tests: A cancelled DOT test does not give you a valid basis to conduct a non-DOT (company authority) test.
* Correctible Flaws & Reversals: If a test is cancelled due to a correctible flaw, only the Medical Review Officer (MRO) who cancelled it can reverse the cancellation, and they must do so within 60 days. After 60 days, the MRO needs permission from ODAPC to reverse it. An MRO cannot reverse a cancellation if the lab reported the test as rejected for testing, and a laboratory cannot reverse a cancellation caused by a fatal flaw.