Under 49 CFR 40.209(a), everyone in the testing process must document any errors they become aware of, even when the error does not cancel the test.
Under paragraph (b), no person may declare a test cancelled based on an error that does not have a significant adverse effect on the right of the employee to have a fair and accurate test. The rule lists examples that do not cancel a test:
1. A minor administrative mistake, such as a missing middle initial or transposed numbers in an SSN or employee ID
2. An error that does not affect employee protections, such as failing to add bluing agent to the toilet
3. A collection by a collector who has not met the training requirement
4. A delay in the collection process
5. Verification by a credentialed MRO who has not met training or documentation rules
6. Failure to directly observe or monitor a collection when the rule calls for it, or unauthorized observation
7. A test conducted in a facility that does not meet 49 CFR 40.42
8. A missing or wrong courier name on the CCF
9. Personal information placed on the CCF by mistake
10. Claims that the employee was improperly selected for testing
11. Not using a new CCF for a second collection with a different specimen type
Under paragraph (c), these errors can still lead to enforcement action against the employer or service agent. Fatal flaws that do cancel a test are listed in 49 CFR 40.199.
Sources: 49 CFR 40.209, 49 CFR 40.199
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