How Long Does a Laboratory Keep a DOT Drug Test Specimen?

Under 49 CFR 40.84, a laboratory testing the primary specimen keeps a specimen reported as positive, adulterated, substituted or invalid for a minimum of one year, in frozen storage that meets HHS requirements.

Within that year, the MRO, the employee, the employer or a DOT agency may ask the laboratory in writing to keep the specimen for an additional period, for example to preserve evidence for litigation or a safety investigation, and the laboratory must comply. Without such a request, the rule states that the laboratory may discard the specimen at the end of the year.

If the split specimen has not been sent to another laboratory, it is kept for the same period and under the same storage conditions as the primary specimen. A laboratory that tests a split specimen follows the same retention requirements for it.

Related topics are covered in How Does a Split Specimen Test Work after a Positive DOT Drug Test? and How Is a DOT Urine Specimen Split and Sealed?.

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