[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: 49CFR40.99]



[Page 654]

 

                        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. 40.99  How long does the laboratory retain specimens after testing?



    (a) As a laboratory testing the primary specimen, you must retain a 

specimen that was reported with positive, adulterated, substituted, or 

invalid results for a minimum of one year.

    (b) You must keep such a specimen in secure, long-term, frozen 

storage in accordance with HHS requirements.

    (c) Within the one-year period, the MRO, the employee, the employer, 

or a DOT agency may request in writing that you retain a specimen for an 

additional period of time (e.g., for the purpose of preserving evidence 

for litigation or a safety investigation). If you receive such a 

request, you must comply with it. If you do not receive such a request, 

you may discard the specimen at the end of the year.

    (d) If you have not sent the split specimen to another laboratory 

for testing, you must retain the split specimen for an employee's test 

for the same period of time that you retain the primary specimen and 

under the same storage conditions.

    (e) As the laboratory testing the split specimen, you must meet the 

requirements of paragraphs (a) through (d) of this section with respect 

to the split specimen.