[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR40.33]



[Page 640-641]

 

                        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



[[Page 641]]



    (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.

    (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]