49 CFR 40.161
§ 40.161 What does the MRO do when a drug test specimen is rejected for testing?
United States · 49 CFR — Transportation · Status: effective
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- Citation
- 49 CFR 40.161, § 40.161 What does the MRO do when a drug test specimen is rejected for testing?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/255266
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Full text
As the MRO, when the laboratory reports that the specimen is rejected for testing (e.g., because of a fatal or uncorrected flaw), you must do the following:
(a) Place a check mark in the “Test Cancelled” box (Step 6) on Copy 2 (or a legible copy of Copy 3-5) of the CCF and enter the reason on the “Remarks” line. If you do not have Copy 2 (or a legible copy of Copy 3-5), then enter “Test Cancelled” and the reason for the cancellation on a report in the format required under § 40.163(c).
(b) Report to the DER that the test is cancelled and the reason for cancellation, and that no further action is required unless a negative test is required (e.g., in the case of a pre-employment, return-to-duty, or follow-up test).
(c) You may only report a test cancelled because of a “rejected for testing” laboratory result when you are in possession of a legible copy of Copy 1 of the CCF. In addition, you must have Copy 2 of the CCF, a legible copy of it, or any other copy of the CCF containing the employee's signature. If you do not have Copy 2 (or a legible copy of Copy 3-5), then enter “Test Cancelled” and the reason for the cancellation on a report in the format required under § 40.163(c).
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.