[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: 49CFR40.65]



[Page 646-647]

 

                        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 647]]



    (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]