§40.103
At the present time, validity testing remains an employer option.
Therefore, if an employer or C/TPA required to submit blind specimens is not conducting validity testing during the course of its normal testing, the employer or C/TPA needs not send adulterated or substituted blind specimens to the laboratories used.
However, if an employer or C/TPA conducts validity testing, adulterated or substituted blind specimens must be sent to the laboratories used.
Part 40 requires that approximately 75 percent of the blinds must be blank (i.e., containing no drugs, nor adulterated or substituted); 15 percent must be positive for one or more drugs; and 10 percent must be adulterated or substituted.
If the employer or C/TPA is not exercising the option to conduct validity testing, approximately 75 percent of blinds must be blank and 25 percent must be positive for one or more drugs.