Implementation Guidelines - Federal Transit Administration - U.S. ...

direct the DER to have the employee sent
for a retest.
1. The test is reported as “Invalid.”
The test must be cancelled and the
employee must be retested under
direct observation.
2. The test is reported “Rejected for
Testing” because of an uncorrected
correctable flaw. A retest is not
required.
3. The Primary is positive, but the split
fails to reconfirm. A retest is not
required.
4. The primary specimen is adulterated
or substituted and the split fails to
reconfirm. A retest is not required.
5. The primary specimen is positive,
adulterated, or substituted and the
split specimen is unavailable. A
retest is required under direct
observation.
6. The examining physician indicates
that there is a legitimate medical
explanation for insufficient volume.
A retest is not required.
Correctable Flaws. Other errors may
occur in the testing process that do not
impact the accuracy of the test; therefore,
they can be corrected. When the laboratory
identifies a correctable flaw, the laboratory
must make every attempt to correct the
problem following the procedures outlined
in §40.205. A correctable flaw that is not
corrected will result in a cancelled test.
Correctable flaws include:
1. The collector’s signature is omitted
on the certification statement on the
CCF.
2. The employee’s signature is omitted
from the certification statement and
the “employee refused to sign” is not
stated in the remarks section.
3. The certifying scientist’s signature is
omitted on a non-negative test result
from the laboratory.
4. A non-DOT or an expired DOT
custody and control form is used for
a DOT collection when otherwise the
testing process followed is in
accordance with the DOT
procedures.
Cancelled Tests. A cancelled test is
neither positive nor negative. The cancelled
test is to be treated as if the test never
occurred. In situations where a negative test
result is required (i.e., pre-employment,
return-to-duty, or follow-up), another test
must be performed. A cancelled test does
not count toward the employer’s minimum
random test requirement. Additionally, a
cancelled test does not provide a valid basis
for an employer to conduct a non-DOT test
under company authority.
If the specimen temperature on the CCF
was not checked and there is no entry
regarding the temperature being out of range
in the Remarks section of the form,
corrective action must be taken, but the error
is not sufficient to cancel a drug test.
No person may declare a test cancelled
based on an error that does not have a
significant adverse effect on the right of the
employee to have a fair and accurate test.
Mistakes that do not result in a cancelled test
and do not require corrective action include
the following:
1. Minor administrative mistakes such
as omitting an employee’s middle
initial;
Chapter 7. Drug Testing Procedures 7-25 August 2002