Drug and Alcohol Testing Q&A - 2009

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Re: Failure to collect under direct observation

From: Dr. K
Password: orange
Date: 02 Sep 2009
Time: 14:51:30 -0700
Remote Name: 12.40.33.118

Comments

Dr. Steve, in 49 CFR 40.209(b)(6) it says a test may not be cancelled when an observed collection should have been performed but wasn't.  Why would this test not be valid then?  Logic says it should be cancelled and repeated as observed but according to 49 CFR 40.309(b)(6) this can't be done.  I am asking not only about F/U and RTD tests but about any collection after a cold sample that was supposed to be observed but wasn't.