[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: 49CFR40.43]



[Page 642-643]

 

                        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. 40.43  What steps must operators of collection sites take to protect 

the security and integrity of urine collections?



    (a) Collectors and operators of collection sites must take the steps 

listed in this section to prevent unauthorized access that could 

compromise the integrity of collections.

    (b) As a collector, you must do the following before each collection 

to deter tampering with specimens:

    (1) Secure any water sources or otherwise make them unavailable to 

employees (e.g., turn off water inlet, tape handles to prevent opening 

faucets);

    (2) Ensure that the water in the toilet is blue;

    (3) Ensure that no soap, disinfectants, cleaning agents, or other 

possible adulterants are present;

    (4) Inspect the site to ensure that no foreign or unauthorized 

substances are present;

    (5) Tape or otherwise secure shut any movable toilet tank top, or 

put bluing in the tank;

    (6) Ensure that undetected access (e.g., through a door not in your 

view) is not possible;

    (7) Secure areas and items (e.g., ledges, trash receptacles, paper 

towel holders, under-sink areas) that appear suitable for concealing 

contaminants; and

    (8) Recheck items in paragraphs (b)(1) through (7) of this section 

following each collection to ensure the site's continued integrity.

    (c) If the collection site uses a facility normally used for other 

purposes, like a public rest room or hospital examining room, you must, 

as a collector, also ensure before the collection that:

    (1) Access to collection materials and specimens is effectively 

restricted; and



[[Page 643]]



    (2) The facility is secured against access during the procedure to 

ensure privacy to the employee and prevent distraction of the collector. 

Limited-access signs must be posted.

    (d) As a collector, you must take the following additional steps to 

ensure security during the collection process:

    (1) To avoid distraction that could compromise security, you are 

limited to conducting a collection for only one employee at a time. 

However, during the time one employee is in the period for drinking 

fluids in a ``shy bladder'' situation (see Sec. 40.193(b)), you may 

conduct a collection for another employee.

    (2) To the greatest extent you can, keep an employee's collection 

container within view of both you and the employee between the time the 

employee has urinated and the specimen is sealed.

    (3) Ensure you are the only person in addition to the employee who 

handles the specimen before it is poured into the bottles and sealed 

with tamper-evident seals.

    (4) In the time between when the employee gives you the specimen and 

when you seal the specimen, remain within the collection site.

    (5) Maintain personal control over each specimen and CCF throughout 

the collection process.

    (e) If you are operating a collection site, you must implement a 

policy and procedures to prevent unauthorized personnel from entering 

any part of the site in which urine specimens are collected or stored.

    (1) Only employees being tested, collectors and other collection 

site workers, DERs, employee and employer representatives authorized by 

the employer (e.g., employer policy, collective bargaining agreement), 

and DOT agency representatives are authorized persons for purposes of 

this paragraph (e).

    (2) Except for the observer in a directly observed collection or the 

monitor in the case of a monitored collection, you must not permit 

anyone to enter the urination facility in which employees provide 

specimens.

    (3) You must ensure that all authorized persons are under the 

supervision of a collector at all times when permitted into the site.

    (4) You or the collector may remove any person who obstructs, 

interferes with, or causes a delay in the collection process.

    (f) If you are operating a collection site, you must minimize the 

number of persons handling specimens.