[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.83]

[Page 613-614]
 
                        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.  40.83  How do laboratories process incoming specimens?

    As the laboratory, you must do the following when you receive a DOT 
specimen:
    (a) You are authorized to receive only the laboratory copy of the 
CCF. You are not authorized to receive other copies of the CCF nor any 
copies of the alcohol testing form.
    (b) You must comply with applicable provisions of the HHS Guidelines 
concerning accessioning and processing urine drug specimens.
    (c) You must inspect each specimen and CCF for the following ``fatal 
flaws:''
    (1) The specimen ID numbers on the specimen bottle and the CCF do 
not match;
    (2) The specimen bottle seal is broken or shows evidence of 
tampering, unless a split specimen can be redesignated (see paragraph 
(g) of this section);
    (3) The collector's printed name and signature are omitted from the 
CCF; and
    (4) There is an insufficient amount of urine in the primary bottle 
for analysis, unless the specimens can be redesignated (see paragraph 
(g) of this section).
    (d) When you find a specimen meeting the criteria of paragraph (c) 
of this section, you must document your findings and stop the testing 
process. Report the result in accordance with Sec.  40.97(a)(3) .
    (e) You must inspect each CCF for the presence of the collector's 
signature on the certification statement in Step 4 of the CCF. Upon 
finding that the signature is omitted, document the flaw and continue 
the testing process.

[[Page 614]]

    (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 Sec.  40.205(b)(1).
    (3) If the flaw is not corrected, report the result as rejected for 
testing in accordance with Sec.  40.97(a)(3).
    (f) If you determine that the specimen temperature was not checked 
and the ``Remarks'' line did not contain an entry regarding the 
temperature being outside of range, you must then attempt to correct the 
problem by following the procedures of Sec.  40.208.
    (1) In such a case, you must continue your efforts to correct the 
problem for five business days, before you report the result.
    (2) When you have obtained the correction, or five business days 
have elapsed, report the result in accordance with Sec.  40.97(a).
    (g) If you determine that a CCF that fails to meet the requirements 
of Sec.  40.45(a) (e.g., a non-Federal form or an expired Federal form 
was used for the collection), you must attempt to correct the use of the 
improper form by following the procedures of Sec.  40.205(b)(2).
    (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 
problem.
    (2) During the period August 1-October 31, 2001, you are not 
required to reject a test conducted on an expired Federal CCF because 
this problem is not corrected. Beginning November 1, 2001, if the 
problem(s) is not corrected, you must reject the test and report the 
result in accordance with Sec.  40.97(a)(3).
    (h) If the CCF is marked indicating that a split specimen collection 
was collected and if the split specimen does not accompany the primary, 
has leaked, or is otherwise unavailable for testing, you must still test 
the primary specimen and follow appropriate procedures outlined in Sec.  
40.175(b) regarding the unavailability of the split specimen for 
testing.
    (1) The primary specimen and the split specimen can be redesignated 
(i.e., Bottle B is redesignated as Bottle A, and vice-versa) if:
    (i) The primary specimen appears to have leaked out of its sealed 
bottle and the laboratory believes a sufficient amount of urine exists 
in the split specimen to conduct all appropriate primary laboratory 
testing; or
    (ii) The primary specimen is labeled as Bottle B, and the split 
specimen as Bottle A; or
    (iii) The laboratory opens the split specimen instead of the primary 
specimen, the primary specimen remains sealed, and the laboratory 
believes a sufficient amount of urine exists in the split specimen to 
conduct all appropriate primary laboratory testing; or
    (iv) The primary specimen seal is broken but the split specimen 
remains sealed and the laboratory believes a sufficient amount of urine 
exists in the split specimen to conduct all appropriate primary 
laboratory testing.
    (2) In situations outlined in paragraph (g)(1) of this section, the 
laboratory shall mark through the ``A'' and write ``B,'' then initial 
and date the change. A corresponding change shall be made to the other 
bottle by marking through the ``B'' and writing ``A,'' and initialing 
and dating the change.
    (i) A notation shall be made on Copy 1 of the CCF (Step 5a) and on 
any laboratory internal chain of custody documents, as appropriate, for 
any fatal or correctable flaw.

[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001]