Subpart C - Urine Collection Personnel
§ 40.31 Who may collect urine specimens for DOT drug testing?
(a) Collectors meeting the requirements of this subpart are the only persons authorized to collect urine specimens for DOT drug testing.
(b) A collector must meet the training requirements of § 40.33.
(c) As the immediate supervisor of an employee being tested, you may not act as the collector when that employee is tested, unless no other collector is available and you are permitted to do so under DOT agency drug and alcohol regulations.
(d) You must not act as the collector for the employee being tested if you work for an HHS-certified laboratory (e.g., as a technician or accessioner) and could link the employee with a urine specimen, drug testing result, or laboratory report.
§ 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 following requirements:
(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. These materials are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, 202–366–3784) or on the ODAPC website (https://www.transportation.gov/odapc). You must stay current on any changes and subscribe to the ODAPC list-serve.
(b) Qualification Training
You must receive qualification training that provides instruction on the following subjects:
All steps necessary to complete a collection correctly, including proper completion and transmission of the CCF.
“Problem” collections (e.g., shy bladder, attempts to tamper with specimens).
Fatal flaws, correctable flaws, and how to correct collection issues.
Responsibilities for maintaining integrity, privacy, and security, and avoiding offensive or inappropriate conduct.
(c) Initial Proficiency Demonstration
After completing qualification training, you must demonstrate proficiency by completing five consecutive error-free mock collections: two uneventful scenarios, one insufficient quantity scenario, one out-of-range temperature scenario, and one scenario involving an employee’s refusal to sign the CCF. A qualified person must monitor your performance in real time and certify in writing that the mock collections were error-free.
(d) Requirements Before Collection Duties
You must meet the requirements of paragraphs (b) and (c) before beginning collection duties.
(e) Refresher Training
You must complete refresher training every five years from the date you complete qualification and proficiency requirements.
(f) Error Correction Training
If you make an error that causes a test to be cancelled, you must undergo training within 30 days. A qualified trainer must document your proficiency in the error area. You must complete three error-free mock collections (one uneventful, two covering the error area).
(g) Documentation
You must maintain proof that you meet all training and proficiency requirements and provide it upon request to DOT agency representatives, employers, and C/TPAs.
§ 40.35 What information about the DER must employers provide to collectors?
Employers must provide the name and telephone number of the DER (and C/TPA, if applicable) to the collector to resolve issues that may arise during testing.
§ 40.37 Where is other information on the role of collectors found in this regulation?
You can find more details on the role and responsibilities of collectors in the following sections: