§40.203 — What problems cause a drug test to be cancelled unless they are corrected?
(a) As the MRO, when a laboratory discovers a “correctable flaw” during its processing of incoming specimens (see §40.83), the laboratory will attempt to correct it. If the laboratory is unsuccessful in this attempt, it will report to you that the specimen has been “Rejected for Testing” (with the reason stated). |
(b) The following is a “correctable flaw” that laboratories must attempt to correct: The collector's signature is omitted on the certification statement on the CCF. |
(c) As the MRO, when you discover a “correctable flaw” during your review of the CCF, you must cancel the test unless the flaw is corrected. |
(d) The following are correctable flaws that you must attempt to correct: (1) The employee's signature is omitted from the certification statement, unless the employee's failure or refusal to sign is noted on the “Remarks” line of the CCF. |
(2) The certifying scientist's signature is omitted on Copy 1 of the CCF for a positive, adulterated, substituted, or invalid test result. |
(3) The collector uses a non-Federal form or an expired CCF for the test. This flaw may be corrected through the procedure set forth in §40.205(b)(2), provided that the collection testing process has been conducted in accordance with the procedures in this part in an HHS-certified laboratory. |
|
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41954, Aug. 9, 2001; 75 FR 59108, Sept. 27, 2010; 76 FR 59578, Sept. 27, 2011; 82 FR 52246, Nov. 13, 2017]
§40.203 — DOT Regulatory Guidance
Question 1: If a collector makes an error on a CCF and the collector is not available to sign a corrective statement (e.g., collector on vacation, no longer with the company), can the collector's supervisor sign the corrective statement for the collector? Guidance: If the error was the use of a non-DOT form (to include use of the old Federal CCF), the collector or the collector's supervisor may sign the corrective statement explaining the circumstances of why a non-DOT form was used.
If the missing information is the printed name and signature of the collector, neither the collector nor the supervisor may supply the missing information. This is a fatal, uncorrectable flaw.
If the CCF contains the printed name of the collector, but the signature is missing, the collector or the collector's supervisor may attest that collector performed the collection, but did not sign his or her name.
If the employee's signature is omitted and there is no notation in the "Remarks" line, only the collector can provide the corrective statement. The collector's supervisor cannot sign the corrective statement.