Ask X3What does 49 CFR 40.84 (How long does the laboratory retain specimens after testing?) require?
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Based on 49 CFR 40.84, the laboratory must follow these requirements for specimens that tested positive, adulterated, substituted, or invalid:
* Retention Period: The laboratory must keep the primary and split specimens for a minimum of one year in secure, long-term, frozen storage.
* Extended Storage: If the Medical Review Officer (MRO), the employee, the employer, or a DOT agency submits a written request within that one-year period (such as for litigation or a safety investigation), the laboratory must keep the specimen for the requested additional time. Otherwise, the laboratory may discard the specimen when the one-year period ends.
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