---
kind: "section"
citation: "49 C.F.R. § 40.161"
title: "49"
number: "40.161"
heading: "What does the MRO do when a drug test specimen is rejected for testing?"
url: "https://uscodex.org/cfr/49/40.161"
---

# §40.161. What does the MRO do when a drug test specimen is rejected for testing?


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)](/cfr/49/40.163.md?p=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)](/cfr/49/40.163.md?p=c).

## Notes

### Amendments

[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27646, May 2, 2023]

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.

### Amendments

[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27646, May 2, 2023]