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Drug Testing

DOT Rule 49 CFR Part 40 Section 40.171 Q&A

§40.171 01/02

QUESTION:

Can someone other than the employee direct that an MRO have the employee’s split specimen tested?

ANSWER:

• No. Because the split specimen exists to provide the employee with “due process” in the event that he or she desires to challenge the primary specimen’s results, only the employee can request that the split specimen be tested.

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DOT Rule 49 CFR Part 40 Section 40.209 Q&A

§40.149; §40.209 09/01

QUESTION:

What is an employer to do if an arbitrator’s decision claims to overturn the result of a DOT drug or alcohol test on grounds contrary to DOT regulations?

ANSWER:

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DOT Rule 49 CFR Part 40 Section 40.209

Subpart I—Problems in Drug Tests

§ 40.209 What procedural problems do not result in the cancellation of a test and do not require corrective action?

(a) As a collector, laboratory, MRO, employer or other person administering the dr

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DOT Rule 49 CFR Part 40 Section 40.208

Subpart I—Problems in Drug Tests

§ 40.208 What problem requires corrective action but does not result in the cancellation of a test?

(a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing pr

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DOT Rule 49 CFR Part 40 Section 40.207

Subpart I—Problems in Drug Tests

§ 40.207 What is the effect of a cancelled drug test?

(a) A cancelled drug test is neither positive nor negative.

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DOT Rule 49 CFR Part 40 Section 40.205

Subpart I—Problems in Drug Tests

§ 40.205 How are drug test problems corrected?

(a) As a collector, you have the responsibility of trying to successfully complete a collection procedure for each employee.

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DOT Rule 49 CFR Part 40 Section 40.203 Q&A

§40.203 09/01

QUESTION:

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DOT Rule 49 CFR Part 40 Section 40.203

Subpart I—Problems in Drug Tests

§ 40.203 What problems cause a drug test to be cancelled unless they are corrected?

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DOT Rule 49 CFR Part 40 Section 40.201

Subpart I—Problems in Drug Tests

§ 40.201 What problems always cause a drug test to be cancelled and may result in a requirement for another collection?

As the MRO, you must cancel a drug test when a laboratory r

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DOT Rule 49 CFR Part 40 Section 40.199

Subpart I—Problems in Drug Tests

§ 40.199 What problems always cause a drug test to be cancelled?

(a) As the MRO, when the laboratory discovers a “fatal flaw” during its processing of incoming specimens (see

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