What does 49 CFR 40.275 (What is the effect of procedural problems that are not sufficient to cancel an alcohol test?) require?

According to 49 CFR 40.275, if you are an employer, STT, BAT, or service agent administering the alcohol testing process, you must document any testing errors you become aware of, even if they are not fatal or correctable flaws.

Additionally, you cannot declare an alcohol test cancelled due to a procedural mistake unless that mistake has a significant adverse effect on the employee's right to a fair and accurate test. Minor administrative mistakes (such as leaving out an employee's middle initial), an employee failing to sign Step 4 of the Alcohol Testing Form (ATF), or an employee's claim that they were improperly selected for testing are not grounds for cancelling a test.

Please note that even though these procedural errors are not enough to cancel the test result, they may still subject your motor-carrier business to enforcement action under Department of Transportation (DOT) agency regulations.