If a chain of custody shows that the clinic failed to observe a collection when required, is a new drug test required?

At first, you might think the test should stand since failing to monitor a test when required is not a flaw (see 40.209(b)(6)) that cancels a test. However, the Federal Motor Carrier Safety Administration (FMCSA) has indicated that its auditors would expect the carrier to send the driver for another drug test when DOT regulations require that a test be under direct observation and it was not.