Drug and Alcohol Testing Q&A - 2009

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Failure to collect under direct observation

From: Dr. K
Password: orange
Date: 01 Sep 2009
Time: 05:26:48 -0700
Remote Name: 12.40.33.118

Comments

When the MRO discovers a collection should have been observed but was not, what should the MRO do at that point?  Obviously if the specimen was adulterated/substituted or positive the result stands.  But, if the result is negative, is the test cancelled and the donor sent back immediately for an observed recollection? I  am confused about this because it seems that it should be recollected, but according to 49 CFR 40.209(b)(6) it appears that it should not.  The regulations state however that if a collector learns a specimen should have been observed, an immediate observed recollection should take place.  Whether it is follow-up, RTD or simply a recollection after a cold specimen, when an observed collection was required but was omitted by mistake, what should the MRO do?