[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: 49CFR40.65]

[Page 609-610]
 
                        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 E_Urine Specimen Collections
 
Sec.  40.65   What does the collector check for when the employee presents 
a specimen?

    As a collector, you must check the following when the employee gives 
the collection container to you:
    (a) Sufficiency of specimen. You must check to ensure that the 
specimen contains at least 45 mL of urine.
    (1) If it does not, you must follow ``shy bladder'' procedures (see 
Sec.  40.193(b)).
    (2) When you follow ``shy bladder'' procedures, you must discard the 
original specimen, unless another problem (i.e., temperature out of 
range, signs of tampering) also exists.
    (3) You are never permitted to combine urine collected from separate 
voids to create a specimen.
    (4) You must discard any excess urine.
    (b) Temperature. You must check the temperature of the specimen no 
later than four minutes after the employee has given you the specimen.
    (1) The acceptable temperature range is 32-38 [deg]C/90-100 [deg]F.
    (2) You must determine the temperature of the specimen by reading 
the temperature strip attached to the collection container.
    (3) If the specimen temperature is within the acceptable range, you 
must mark the ``Yes'' box on the CCF (Step 2).
    (4) If the specimen temperature is outside the acceptable range, you 
must mark the ``No'' box and enter in the ``Remarks'' line (Step 2) your 
findings about the temperature.
    (5) If the specimen temperature is outside the acceptable range, you 
must immediately conduct a new collection using direct observation 
procedures (see Sec.  40.67).

[[Page 610]]

    (6) In a case where a specimen is collected under direct observation 
because of the temperature being out of range, you must process both the 
original specimen and the specimen collected using direct observation 
and send the two sets of specimens to the laboratory. This is true even 
in a case in which the original specimen has insufficient volume but the 
temperature is out of range. You must also, as soon as possible, inform 
the DER and collection site supervisor that a collection took place 
under direct observation and the reason for doing so.
    (7) In a case where the employee refuses to provide another specimen 
(see Sec.  40.191(a)(3)) or refuses to provide another specimen under 
direct observation (see Sec.  40.191(a)(4)), you must notify the DER. As 
soon as you have notified the DER, you must discard any specimen the 
employee has provided previously during the collection procedure.
    (c) Signs of tampering. You must inspect the specimen for unusual 
color, presence of foreign objects or material, or other signs of 
tampering (e.g., if you notice any unusual odor).
    (1) If it is apparent from this inspection that the employee has 
tampered with the specimen (e.g., blue dye in the specimen, excessive 
foaming when shaken, smell of bleach), you must immediately conduct a 
new collection using direct observation procedures (see Sec.  40.67 ).
    (2) In a case where a specimen is collected under direct observation 
because of showing signs of tampering, you must process both the 
original specimen and the specimen collected using direct observation 
and send the two sets of specimens to the laboratory. This is true even 
in a case in which the original specimen has insufficient volume but it 
shows signs of tampering. You must also, as soon as possible, inform the 
DER and collection site supervisor that a collection took place under 
direct observation and the reason for doing so.
    (3) In a case where the employee refuses to provide a specimen under 
direct observation (see Sec.  40.191(a)(4)), you must discard any 
specimen the employee provided previously during the collection 
procedure. Then you must notify the DER as soon as practicable.

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