When it comes to maintaining compliance with the Department of Transportation (DOT) regulations, understanding how cancelled tests are handled is crucial. Therefore, random drug and alcohol tests play an integral role in ensuring safety within industries regulated by the Federal Motor Carrier Safety Administration (FMCSA). However, cancelled random tests present unique challenges.
What Are Cancelled Tests?
As defined in 49 CFR § 40.3, a cancelled test is:
A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which [49 CFR Part 40] otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test.
In simpler terms, cancelled tests are void and hold no definitive results—positive or negative.
Why Do Cancelled Tests Matter?
The status of a cancelled test has specific implications:
1. Non-Compliance with Random Testing Requirements
According to 49 CFR §§ 40.207(b) and 40.273(b), it is important to note that:
- Cancelled tests do not count toward compliance with DOT requirements.
- Moreover, they cannot be used to fulfill the minimum random testing rate for drugs or alcohol.
2. Operational Impact
- As a result, cancelled tests could mean additional time and resources are required to ensure compliance.
- Furthermore, failure to meet the random testing rate due to cancelled tests could lead to penalties and violations.
Common Reasons for Cancelled Tests
Testing Issues
- For instance, an insufficient urine sample or sample tampering.
- Additionally, testing equipment malfunction or procedural errors.
Documentation Problems
- In some cases, missing or incomplete paperwork.
Other Circumstances
- Moreover, test results may be deemed invalid or untestable for any other reason per 49 CFR Part 40.
Ensuring Compliance: Actionable Steps
1. Understand Minimum Random Testing Requirements
- Specifically, 50% of safety-sensitive employees must be tested for drugs annually.
- Likewise, 10% of safety-sensitive employees must be tested for alcohol annually.
2. Replace Cancelled Tests Immediately
- If a random test is cancelled, then conduct another random test as soon as possible to ensure compliance with minimum testing rates.
3. Maintain Accurate Records
- To clarify, document all cancelled tests, including the reason for cancellation.
- Furthermore, maintain clear records of replacement tests conducted to meet requirements.
4. Train Personnel
- Above all, ensure staff involved in the testing process are well-trained to minimize procedural errors.
5. Work with Certified Labs
- To improve reliability, partner with certified drug and alcohol testing facilities to reduce testing issues.
Comparison of Cancelled vs. Completed Tests
Test Status | Definition |
|
Required Action | |
---|---|---|---|---|
Completed Test | A valid drug or alcohol test with definitive results (positive or negative). | Yes | Maintain results and report as required. | |
Cancelled Test | A test voided due to procedural or documentation errors. | No | Replace with a new random test immediately. |
Cancelled Tests ≠ Compliance
Cancelled tests cannot be used to meet random testing requirements. Ensure all minimum testing rates are met with valid tests.
Time-Sensitive Replacement
Replace cancelled tests promptly to avoid non-compliance issues.
Consequences of Non-Compliance
Failing to meet FMCSA’s random testing requirements due to cancelled tests can result in:
1. Fines and Penalties
For instance, significant financial penalties for violating testing regulations.
2. Operational Restrictions
As a result, employers may face suspension of operations or additional audits.
3. Reputation Damage
Furthermore, non-compliance may impact the company’s standing and trust in the industry.
What This Means for You
Cancelled random tests can be challenging; however, they are manageable with proper preparation and adherence to FMCSA rules. Therefore, employers must proactively address cancelled tests by understanding their implications, replacing them promptly, and maintaining accurate records to ensure compliance with DOT and FMCSA regulations.
By staying informed and, more importantly, implementing robust testing procedures, businesses can safeguard both compliance and the safety of their operations.
Need Help?
InOut Labs is a national provider of employee drug testing services, specializing in FMCSA compliance. Join our FMCSA consortium here: www.inoutlabs.com/consortium
Most of this article also applies to other employees regulated by the US Department of Transportation