§40.209 What procedural problems do not result in the cancellation of a test and do not require correction?

Question: After the laboratory reports a test result, someone (e.g., the employer, a service agent) discovers that the CCF listed the wrong reason for the test (e.g., the CCF says the test was a pre-employment test when it was actually a random test). How is this corrected and by whom?

Answer:

• This is another example of an error that does not have a significant adverse effect on the right of an employee to have a fair and accurate test (see §40.209).
• The test is not cancelled as the result of such a mistake.
• While concerned parties may wish to correct the faulty description of the reason for the test, Part 40 does not require a correction to be made.
• Employers or their designated service agents should ensure that appropriate changes are documented (e.g., for MIS reporting purposes).