40.207   What is the effect of a cancelled drug test?

(a) A cancelled drug test is neither positive nor negative.

(a)(1) As an employer, you must not attach to a cancelled test the consequences of a positive test or other violation of a DOT drug testing regulation ( e.g., removal from a safety-sensitive position).

(a)(2) As an employer, you must not use a cancelled test for the purposes of a negative test to authorize the employee to perform safety-sensitive functions ( i.e., in the case of a pre-employment, return-to-duty, or follow-up test).

(a)(3) However, as an employer, you must not direct a recollection for an employee because a test has been cancelled, except in the situations cited in paragraph (a)(2) of this section or other provisions of this part that require another test to be conducted ( e.g., 40.159(a)(5) and 40.187(b) ).

(b) A cancelled test does not count toward compliance with DOT requirements ( e.g., being applied toward the number of tests needed to meet the employer's minimum random testing rate).

(c) A cancelled DOT test does not provide a valid basis for an employer to conduct a non-DOT test ( i.e., a test under company authority).