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DOT Rule 49 CFR Part 40 Section 40.97 Q&A

§40.97; §40.209                                                      09/01
 
QUESTION:
 
After the laboratory reports a test result, someone (e.g., the employer, a service agent) discovers that the CCF listed the wrong reason for the test (e.g., the CCF says the test was a pre-employment test when it was actually a random test). How is this corrected and by whom?
 
ANSWER:
 
• This is another example of an error that does not have a significant adverse effect on the right of an employee to have a fair and accurate test (see §40.209).
 
• The test is not cancelled as the result of such a mistake.
 
• While concerned parties may wish to correct the faulty description of the reason for the test, Part 40 does not require a correction to be made.
 
• Employers or their designated service agents should ensure that appropriate changes are documented (e.g., for MIS reporting purposes).
 
§40.97                                                                       01/02
 
QUESTION:
 
Must a certifying scientist’s signature be on Copy 1 of the CCF if the drug test result is negative?
 
ANSWER:
 
• The certifying scientist’s signature must be on Copy 1 of the CCF for non-negative results only.
 
• Therefore, the certifying scientist may simply initial (and date) the CCF when the test result is negative.
Updated: Thursday, October 25, 2012