[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.81]

[Page 603]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 40--PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS--Table of Contents
 
                  Subpart F--Drug Testing Laboratories
 
Sec. 40.81  What laboratories may be used for DOT drug testing?


    (a) As a drug testing laboratory located in the U.S., you are 
permitted to participate in DOT drug testing only if you are certified 
by HHS under the National Laboratory Certification Program (NLCP) for 
all testing required under this part.
    (b) As a drug testing laboratory located in Canada or Mexico which 
is not certified by HHS under the NLCP, you are permitted to participate 
in DOT drug testing only if:
    (1) The DOT, based on a written recommendation from HHS, has 
approved your laboratory as meeting HHS laboratory certification 
standards or deemed your laboratory fully equivalent to a laboratory 
meeting HHS laboratory certification standards for all testing required 
under this part; or
    (2) The DOT, based on a written recommendation from HHS, has 
recognized a Canadian or Mexican certifying organization as having 
equivalent laboratory certification standards and procedures to those of 
HHS, and the Canadian or Mexican certifying organization has certified 
your laboratory under those equivalent standards and procedures.
    (c) As a laboratory participating in the DOT drug testing program, 
you must comply with the requirements of this part. You must also comply 
with all applicable requirements of HHS in testing DOT specimens, 
whether or not the HHS requirements are explicitly stated in this part.
    (d) If DOT determines that you are in noncompliance with this part, 
you could be subject to PIE proceedings under Subpart R of this part. If 
the Department issues a PIE with respect to you, you are ineligible to 
participate in the DOT drug testing program even if you continue to meet 
the requirements of paragraph (a) or (b) of this section.