[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: 49CFR40.83]



[Page 650-651]

 

                        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 651]]



    (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]