[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.33]

[Page 593-594]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 40--PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS--Table of Contents
 
                  Subpart C--Urine Collection Personnel
 
Sec. 40.33  What training requirements must a collector meet?

    To be permitted to act as a collector in the DOT drug testing 
program, you must meet each of the requirements of this section:
    (a) Basic information. You must be knowledgeable about this part, 
the current ``DOT Urine Specimen Collection Procedures Guidelines,'' and 
DOT agency regulations applicable to the employers for whom you perform 
collections, and you must keep current on any changes to these 
materials. The DOT Urine Specimen Collection Procedures Guidelines 
document is available from ODAPC (Department of Transportation, 400 7th 
Street, SW., Room 10403, Washington DC, 20590, 202-366-3784, or on the 
ODAPC web site (http://www.dot.gov/ost/dapc).
    (b) Qualification training. You must receive qualification training 
meeting the requirements of this paragraph. Qualification training must 
provide instruction on the following subjects:
    (1) All steps necessary to complete a collection correctly and the 
proper completion and transmission of the CCF;
    (2) ``Problem'' collections (e.g., situations like ``shy bladder'' 
and attempts to tamper with a specimen);
    (3) Fatal flaws, correctable flaws, and how to correct problems in 
collections; and
    (4) The collector's responsibility for maintaining the integrity of 
the collection process, ensuring the privacy of employees being tested, 
ensuring the security of the specimen, and avoiding conduct or 
statements that could be viewed as offensive or inappropriate;
    (c) Initial Proficiency Demonstration. Following your completion of 
qualification training under paragraph (b) of this section, you must 
demonstrate proficiency in collections under this part by completing 
five consecutive error-free mock collections.
    (1) The five mock collections must include two uneventful collection 
scenarios, one insufficient quantity of urine scenario, one temperature 
out of range scenario, and one scenario in which the employee refuses to 
sign the CCF and initial the specimen bottle tamper-evident seal.
    (2) Another person must monitor and evaluate your performance, in 
person or by a means that provides real-time observation and interaction 
between the instructor and trainee, and attest in writing that the mock 
collections are ``error-free.'' This person must be a qualified 
collector who has demonstrated necessary knowledge, skills, and 
abilities by--
    (i) Regularly conducting DOT drug test collections for a period of 
at least a year;
    (ii) Conducting collector training under this part for a year; or
    (iii) Successfully completing a ``train the trainer'' course.
    (d) Schedule for qualification training and initial proficiency 
demonstration. The following is the schedule for qualification training 
and the initial proficiency demonstration you must meet:
    (1) If you became a collector before August 1, 2001, and you have 
already met the requirements of paragraphs (b) and (c) of this section, 
you do not have to meet them again.

[[Page 594]]

    (2) If you became a collector before August 1, 2001, and have yet to 
meet the requirements of paragraphs (b) and (c) of this section, you 
must do so no later than January 31, 2003.
    (3) If you become a collector on or after August 1, 2001, you must 
meet the requirements of paragraphs (b) and (c) of this section before 
you begin to perform collector functions.
    (e) Refresher training. No less frequently than every five years 
from the date on which you satisfactorily complete the requirements of 
paragraphs (b) and (c) of this section, you must complete refresher 
training that meets all the requirements of paragraphs (b) and (c) of 
this section.
    (f) Error Correction Training. If you make a mistake in the 
collection process that causes a test to be cancelled (i.e., a fatal or 
uncorrected flaw), you must undergo error correction training. This 
training must occur within 30 days of the date you are notified of the 
error that led to the need for retraining.
    (1) Error correction training must be provided and your proficiency 
documented in writing by a person who meets the requirements of 
paragraph (c)(2) of this section.
    (2) Error correction training is required to cover only the subject 
matter area(s) in which the error that caused the test to be cancelled 
occurred.
    (3) As part of the error correction training, you must demonstrate 
your proficiency in the collection procedures of this part by completing 
three consecutive error-free mock collections. The mock collections must 
include one uneventful scenario and two scenarios related to the area(s) 
in which your error(s) occurred. The person providing the training must 
monitor and evaluate your performance and attest in writing that the 
mock collections were ``error-free.''
    (g) Documentation. You must maintain documentation showing that you 
currently meet all requirements of this section. You must provide this 
documentation on request to DOT agency representatives and to employers 
and C/TPAs who are using or negotiating to use your services.

[65 FR 79526, Dec 19, 2000; 66 FR 3885, Jan. 17, 2001, as amended at 66 
FR 41950, Aug. 9, 2001]