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DOT Rule 49 CFR Part 40 Section 40.103 Q&A

§40.103; §40.99; §40.333                                      09/01

QUESTION:

What are the retention requirements for blind specimens and records of blind specimen tests?

ANSWER:

• Laboratories, employers and other parties required to retain specimens and records of tests should retain blind specimens and records of blind specimen tests in exactly the same way and for the same periods of time as they do actual employee specimens and test records.

• For example, an employer would keep a record of a blind positive test for five years and a blind negative test for two years.

• Laboratories would keep blind specimens for negatives in accordance with their SOPs and non-negatives for one year.

§40.103                                                                     09/01

QUESTION:

Requirements for submitting quarterly blind specimens to the laboratory went into effect mid-quarter, August 1, 2001. How are the new requirements for blind sample submission to be calculated? Are the blinds for July, 2001 to be calculated on the old Part 40 regulations and August and September, 2001 blind calculations based on new Part 40 regulations?

ANSWER:

• It is acceptable to send in blind specimens for July 2001, based on the requirements of the old Part 40 and for August-September based on the new Part 40 that went into effect August 1, 2001.

Updated: Thursday, October 25, 2012