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(g) You must not provide quantitative values to the DER or C/TPA for drug or validity test results. However, you
must provide the test information in your possession to a SAP who consults with you (see 40.293(g).
(h) You must maintain repor
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presence of the drug(s)/metabolite(s). You should conduct the same validity tests as you would conduct on a primary
specimen set forth in 40.91.
(d) In addition, if the test fails to reconfirm the presence of the drug(s)/drug metabolite(s)
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Subpart H - Split Specimen Tests
40.171 How does an employee request a test of a split specimen?
(a) As an employee, when the MRO has notified you that you have a verified positive drug test and/or refusal to
test because of adulteration o
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(b) You may only report an invalid test result when you are in possession of a legible copy of Copy 1 of the CCF.
In addition, you must have Copy 2 of the CCF, a legible copy of it, or any other copy of the CCF containing the employee's
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40.161 What does the MRO do when a drug test specimen is rejected for testing?
As the MRO, when the laboratory reports that the specimen is rejected for testing (e.g., because of a fatal or
uncorrected flaw), you must do the following:
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(4) If you receive the information in paragraph (a)(3) of this section after the 60-day period, you must consult with
ODAPC prior to changing the result.
(5) When you have made an administrative error and reported an incorrect result.
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(e) You must tell the employee that additional tests of the specimen (e.g., DNA tests) are not authorized.
40.155 What does the MRO do when a negative or positive test result is also dilute?
(a) When the laboratory reports that a specimen
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(c) The employee has the burden of proof that a legitimate medical explanation exists. The employee must present
information meeting this burden at the time of the verification interview. As the MRO, you have discretion to extend the
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(b) When a laboratory 6AM confirmed positive result is reported and morphine for that specimen is not reported
at or above the 2000 per ng/mL confirmed positive cutoff, you must confer with the laboratory to determine if there was
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(ii) As the MRO, you must consult with the referral physician, providing guidance to him or her concerning his or
her responsibilities under this section. As part of this consultation, you must provide the following information to the
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(1) You may verify a test result as a positive or refusal to test, as applicable, if the employee expressly declines the
opportunity to discuss the test with you. You must maintain complete documentation of this occurrence, including notati
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[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41952, Aug. 9, 2001; 73 FR 35971, June 25, 2008; 75 FR 59107,
September 27, 2010]
40.131 How does the MRO or DER notify an employee of the verification process after receiving
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(2) Category 2: Non-negative Results. As a laboratory, when you find a specimen to be non-negative, you must
report the test result as being one or more of the following, as appropriate:
(i) Positive, with drug(s)/metabolite(s) noted, with
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(e) On Copy 2 of the CCF, place a check mark in the Negative box (Step 6), provide your name, and sign, initial,
or stamp and date the verification statement.
(f) Report the result in a confidential manner (see 40.16340.167).
(g) Staff unde
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(d) Requalification Training. During each five-year period from the date on which you satisfactorily completed the
examination under paragraph (c)(2) of this section or have successfully completed the required continuing education
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40.113 Where is other information concerning laboratories found in this regulation?
You can find more information concerning laboratories in several sections of this part:
40.13Prohibition on making specimens available for
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(3) Drug positive blind specimens must be certified by immunoassay and GC/MS to contain a drug(s)/
metabolite(s) between 1.5 and 2 times the initial drug test cutoff concentration.
(4) Adulterated blind specimens must be certified to be adu
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(b) You must keep such a specimen in secure, long-term, frozen storage in accordance with HHS requirements.
(c) Within the one-year period, the MRO, the employee, the employer, or a DOT agency may request in writing
that you retain a specim
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[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001; 73 FR 35970, June 25, 2008]
40.91 What validity tests must laboratories conduct on primary specimens?
As a laboratory, when you conduct validity testing under 40.89, you
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40.87 What are the cutoff concentrations for drug tests?
(a) As a laboratory, you must use the cutoff concentrations displayed in the following table for initial and
confirmatory drug tests. All cutoff concentrations are expressed in nanog
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(1) In such a case, you must retain the specimen for a minimum of 5 business days from the date on which you
initiated action to correct the flaw.
(2) You must then attempt to correct the flaw by following the procedures of 40.205(b)(1).
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(7) In a case where the employee refuses to provide another specimen (see 40.191(a)(3) or refuses to provide
another specimen under direct observation (see 40.191(a)(4), you must notify the DER. As soon as you have notified the
DER, you mus
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(2) To the greatest extent you can, keep an employee's collection container within view of both you and the
employee between the time the employee has urinated and the specimen is sealed.
(3) Ensure you are the only person in addition to th
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employee can place the items back into his or her pockets. As the employee, you must allow the collector to make this
(5) If, in your duties under paragraph (f)(4) of this section, you find any material that could be used to ta
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(l) As the collector, when someone else has acted as the observer, you must include the observer's name in the
Remarks line of the CCF (Step 2).
(m) As the employee, if you decline to allow a directly observed collection required or permitt
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[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]
40.49 What materials are used to collect urine specimens?
For each DOT drug test, you must use a collection kit meeting the requirements of Appendix A of this part.
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and complete the collection. If the employee refuses to fill out any information, you must, as a minimum, print the
employee's name in the appropriate place.
(2) Complete the chain of custody on the CCF (Step 4) by printing your name (note:
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40.191Action in case of refusals to take test.
40.193Action in shy bladder situations.
40.19940.205Collector errors in tests, effects, and means of correction.
Subpart D - Collection Sites, Forms, Equipment and Supplies Used in DOT Urine Co
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40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use
to perform safety-sensitive duties?
(a) Yes, as an employer, you must, after obtaining an employee's written consent, request the infor
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(b) As an employer, you are responsible for ensuring that the service agents you use meet the qualifications set
forth in this part (e.g., 40.121 for MROs). You may require service agents to show you documentation that they meet the