---
kind: "section"
citation: "49 C.F.R. § 40.208"
title: "49"
number: "40.208"
heading: "What problems require corrective action but do not result in the cancellation of a test?"
url: "https://uscodex.org/cfr/49/40.208"
---

# §40.208. What problems require corrective action but do not result in the cancellation of a test?

- (a) If, as a laboratory, collector, employer, or other person implementing the DOT drug testing program, you become aware that any of the following omissions listed in [paragraphs (a)(1) through (3)](#a-1..a-3) of this section occurred, you must take corrective action, including securing a memorandum for the record explaining the problem and taking appropriate action to ensure the problem does not recur:
  - (1) For a urine collection, the specimen temperature on the CCF was not checked and the “Remarks” line did not contain an entry regarding the temperature being out of range; or
  - (2) For an oral fluid collection, the collector failed to check the box in Step 2 of the CCF that indicates “Each Device was Within Expiration Date” but the collector entered the “Split Specimen Device Expiration Date” in Step 4 of the CCF.
  - (3) For an oral fluid collection, the collector erred by entering the expiration date as the “Primary/Single Specimen Device Expiration Date” instead of entering the date as the “Split Specimen Device Expiration Date” in Step 4 of the CCF.
- (b) **The errors listed in paragraph (a) of this section do not result in the cancellation of the test.**
- (c) As an employer or service agent, the errors listed in [paragraph (a)](#a) of this section, even though not sufficient to cancel a drug test result, may subject you to enforcement action under DOT agency regulations or [subpart R](/cfr/49/subpartR.md) of this part.

## Notes

### Amendments

[88 FR 27649, 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

[88 FR 27649, May 2, 2023]