[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR40.41]

[Page 604-605]
 
                        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 D_Collection Sites, Forms, Equipment and Supplies Used in DOT 
                            Urine Collections
 
Sec.  40.41  Where does a urine collection for a DOT drug test take place?


    (a) A urine collection for a DOT drug test must take place in a 
collection

[[Page 605]]

site meeting the requirements of this section.
    (b) If you are operating a collection site, you must ensure that it 
meets the security requirements of Sec.  40.43.
    (c) If you are operating a collection site, you must have all 
necessary personnel, materials, equipment, facilities and supervision to 
provide for the collection, temporary storage, and shipping of urine 
specimens to a laboratory, and a suitable clean surface for writing.
    (d) Your collection site must include a facility for urination 
described in either paragraph (e) or paragraph (f) of this section.
    (e) The first, and preferred, type of facility for urination that a 
collection site may include is a single-toilet room, having a full-
length privacy door, within which urination can occur.
    (1) No one but the employee may be present in the room during the 
collection, except for the observer in the event of a directly observed 
collection.
    (2) You must have a source of water for washing hands, that, if 
practicable, should be external to the closed room where urination 
occurs. If an external source is not available, you may meet this 
requirement by securing all sources of water and other substances that 
could be used for adulteration and substitution (e.g., water faucets, 
soap dispensers) and providing moist towelettes outside the closed room.
    (f) The second type of facility for urination that a collection site 
may include is a multistall restroom.
    (1) Such a site must provide substantial visual privacy (e.g., a 
toilet stall with a partial-length door) and meet all other applicable 
requirements of this section.
    (2) If you use a multi-stall restroom, you must either--
    (i) Secure all sources of water and other substances that could be 
used for adulteration and substitution (e.g., water faucets, soap 
dispensers) and place bluing agent in all toilets or secure the toilets 
to prevent access; or
    (ii) Conduct all collections in the facility as monitored 
collections (see Sec.  40.69 for procedures). This is the only 
circumstance in which you may conduct a monitored collection.
    (3) No one but the employee may be present in the multistall 
restroom during the collection, except for the monitor in the event of a 
monitored collection or the observer in the event of a directly observed 
collection.
    (g) A collection site may be in a medical facility, a mobile 
facility (e.g., a van), a dedicated collection facility, or any other 
location meeting the requirements of this section.