[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2006]
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.

[[Page 643]]

    (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
    (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.