[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR40.81]



[Page 650]

 

                        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.