Which Errors Are Fatal Flaws That Cancel a DOT Drug Test, and Which Can Be Corrected?

Part 40 Subpart I sorts drug test problems into three groups: fatal flaws that cancel the test, correctable flaws that cancel it only if left uncorrected, and procedural errors that do not cancel it. What a cancellation means for the employer, and when the collector needs error correction training, is covered in cancelled DOT drug tests from collector error. This FAQ covers how each flaw is classified.

Fatal flaws. The MRO must cancel a test when the laboratory reports one of these (49 CFR 40.199(b)):

• No CCF
• No specimen submitted with the CCF, where a specimen was collected
• No printed collector name and no collector signature
• Two separate collections performed using one CCF
• Specimen ID numbers on the bottle and the CCF do not match
• A broken or tampered bottle seal, where the split cannot be re-designated
• Not enough specimen in the primary bottle for analysis, where the specimens cannot be re-designated
• For oral fluid, use of an expired device, or no expiration date entered on the CCF where the lab confirms the device was expired

Correctable flaws. These cancel the test only if no one fixes them (49 CFR 40.203):

• The collector's signature is missing from the certification statement. The laboratory attempts to correct this one.
• The employee's signature is missing, unless the collector noted the failure or refusal to sign in Remarks.
• The certifying scientist's signature is missing on Copy 1 for a non-negative result.
• The collector used a non-Federal form or an expired CCF. This can be corrected if the specimen was tested at an HHS-certified lab under Part 40.

How a correction works. The person responsible supplies the missing information in writing with a statement that it is true and accurate, on the same business day as notice of the problem. For a wrong form, the statement is a memorandum for the record listing steps to prevent repeat use. The correction is kept with the CCF and marked on its face. If no correction is made, the MRO cancels the test (49 CFR 40.205(b) and (c)). Keeping the chain of custody complete prevents most of these problems.

Errors that do not cancel a test. No one may cancel a test over an error that does not significantly affect the employee's right to a fair and accurate test (49 CFR 40.209(b)). Examples include a missing middle initial, a transposed SSN digit, a missed bluing agent, a collection delay, an untrained collector, a missed direct observation and claims of improper selection. These errors must still be documented (49 CFR 40.209(a)), and they may lead to enforcement action against the employer or service agent (49 CFR 40.209(c)).