Additionally, when a split specimen bottle is full and subsequently frozen, it may cause the bottle material to crack and then leak during transit as the specimen thaws. Describe specimen collection procedures, collection sites, laboratories, and chain-of-custody procedures, and provide them to the MRO. The collector directs the employee to empty his or her pockets and display the items to ensure that no items are present that could be used to adulterate the specimen. If for temperature, the second collection will be by direct observation. (The only exception is the Federal Railroad Administration's Post-Accident Toxicological Testing Program in which a railroad representative will provide the collector specific instructions 10 CFR 26.115 - Collecting a urine specimen under direct observation. Help supervisors make good decisions that could prevent an accident. This summary must be consistent with 49 CFR part 40. If the employee fails or refuses to initial the seals, the collector must note this in the "Remarks" line of the CCF and complete the collection process; this isnotconsidered a refusal to test. Place the specimen in secure storage until dispatched to the laboratory. Your drivers are informed that testing for additional controlled substances is not required under the DOT regulations. 3. If the driver is unable to provide at least 45 ml, the collection site technician shall discard the insufficient specimen and instruct the driver to drink not more than 48 ounces of fluids during a period of up to 3 hours. (The employee may be permitted to do this, however, the recommended "best practice" is for the collector to perform this procedure.) The collection site personnel must follow these steps during the collection process. Log in. 4. At the end of this chapter you will find a section titled "Regulatory Revisions," which discusses the old DOT and FMCSA regulations and the revised DOT and FMCSA regulations. These documents are available from ODAPC (Department of Transportation, 1200 New Jersey Avenue SE, Washington DC, 20590, (202) 366-3784, or on the ODAPC Web site (http:// www.dot.gov/ost/dapc). Immunoassay tests, called screens, are simple to run, often automated, and relatively inexpensive. Under the FMCSA controlled substances regulation, you are required to conductlaboratory testing of urine specimens for five types of controlled substances. Schedule V opiate-containing preparation (e.g., cough suppressants and antidiarrheal preparations containing paregoric). The transmission process must be coordinated between the collection site and the MRO to ensure that transmission procedures meet the MRO's requirements (e.g., MROs must provide secure fax numbers to collection sites, some MROs may want hard copies mailed; others may want only faxed copies). 7. Share sensitive information only on official, secure websites. Maintain all necessary records and send the test results to the DER or to the C/TPA if you are using one. You are required to designate such a site or sites, depending on your needs. If there isnolegitimate explanation for the driver's failure to contact the MRO within 72 hours, then a split specimen does not have to be tested.. Inspect the collection room before and after each specimen collection. The direct supervisor of the driver should not serve as the collection site person for a urine test, unless there is no other way to collect the specimen. Do not wait because the employee is not ready or states he or she is unable to urinate. The test reason is return-to-duty or follow-up. When this occurs, the collector should use the following corrective procedures: (a)If the seal is broken while being removed from the chain of custody form or during. 5. PDF How Can I Become a Collector For DOT Drug Testing? To assist the specimen collector in determining if your driver has attempted to dilute his/her specimen, a bluing agent must be added to the toilet water, and other sources of water (such as a sink or shower) should be turned off or taped to prevent use (if they are located within the privacy enclosure where urination occurs). An official website of the United States government Here's how you know. Single-Use Specimen Bottles The specimen bottles should be constructed of high-density plastic or similar synthetic material with a leakproof cap. January 29, 2020 The Department of Transportation (or DOT) requires a DOT drug test collection to be directly observed in only a few situations. Fax: 202-366-3897. You must mark the reason for test block (Step 1) the same as for the first collection. Appendix A. The observer can be a different person from the collector and need not be a qualified collector. A separate void (act of urination) is used to collect the specimen under company authority. Work boots or cowboy boots do not have to be removed unless the collector has a reason to suspect that the employee has something in them, which may be used to adulterate or substitute a specimen. The seals from the second CCF should be placed perpendicular to the original seal to avoid obscuring information on the original seals and must be initialed by the employee (both sets of employee initials should match). Refusal to report for collection or refusal to cooperate with the collection process will result in a refusal to test essentially a positive test. the application of the first seal on the primary bottle, the collector should transfer the information to a new CCF and use the seals from the second form. 19. However, at a minimum, the employee is subject to six unannounced follow-up tests in the first 12 months of safety-sensitive duty following the employee's return to safety-sensitive functions. If directed by the MRO, the laboratory shall forward the split-specimen bottle (with seal intact), a copy of the MRO request, and the split-specimen copy of the CCF to a different DHHS-approved laboratory. Excess urine may be used to conduct clinical tests (e.g., protein, glucose)ifthe collection was conducted in conjunction with a physical examination required by a DOT operating administration's regulation. Alt Phone: 800-225-3784 Each transfer of custody must be noted on the chain-of-custody portion of the urine CCF. There is a greater opportunity for human error or compromising a driver's privacy and dignity in the collection process than anywhere else in the controlled substances. Thwarting drug test cheaters | Quest Diagnostics The results of the laboratory analysis will be forwarded to your employer's Medical Review Office (MRO). Alcohol use prohibited 4 hours prior to performing safety-sensitive functions, while on call, and while performing safety-sensitive functions. Secure .gov websites use HTTPS The specimen will be visually inspected for unusual color and sediment. The MRO must also tell the driver of the drugs for which his/her specimen tested positive, or the basis for the finding of adulteration or substitution. Official websites use .govA .gov website belongs to an official government organization in the United States. or D.O.) collector should note this in the "Remarks" line and continue the collection process. The collector begins the collection without delay after the employee arrives at the collection site. (c) Any other identification allowed under an operating administrator's rules. A sample form is included in the appendix at the end of this chapter. (4) A directly observed collection is required under 26.69; or (5) The donor requests a retest and either Bottle B or the single specimen is not available due to circumstances outside of the donor's control, as described in 26.165(f)(2). It is also important to establish the exact purpose of each testing process so that your drivers are not confused or unclear about what is required of them by the DOT controlled substances testing regulations and procedures, versus additional requirements imposed by your company's policy. There are no exceptions to this requirement. For example, drivers under 21 years old are limited to only in-state operation. Alt Phone: 800-225-3784 An SAP evaluation is required when a driver has violated FMCSA drug and alcohol regulations. The collector asks the employee to remove any unnecessary outer clothing (e.g., coat, jacket, hat, etc.) 20. Seal and label both bottles in the presence of the donor. Secure .gov websites use HTTPS The Department of Transportation (DOT) requires all employees to be drug tested for pre-employment, post-accident and in some cases, at random. Medical judgment is required on a case-by-case basis. You can find DOT Agency and USCG policy requirements at . Within 4 minutes of receiving the specimen, record the temperature. and to leave any briefcase, purse, or other personal belongings he or she is carrying with the outer clothing. Washington, DC 20590 The laboratory must provide to you a statistical summary report every 6 months, on January 20 and July 20 each year. It must include the collector's name and the employer's (or collection site) name. An SAP must maintain documentation showing that he/she currently meet all requirements of this section. What tests are required and when does testing occur? | FMCSA 1. 8. (1) In the rare case where the collector, either by mistake or as the only means to conduct a test under difficult circumstances (e.g., post-accident or reasonable suspicion test with insufficient time to obtain the CCF), uses a non-Federal form for a DOT collection, the use of a non-Federal form does not present a reason for the laboratory to . (n) As a service agent, when you learn that a directly observed collection should have been collected but was not, you must inform the employer that it must direct the employee to have an immediate recollection under direct observation. This analysis must be performed at a separate DHHS laboratory should the primary specimen test result be verified positive. If the employee refuses to empty his or her pockets, this is considered a refusal to cooperate in the testing process. The MRO should be certain to set a deadline for receipt of any medical information offered by the driver. If an employee has tampered with a previous sample or the collection site has reasonable suspicion of foul play, the DOT can then require a Direct Observation Test.This will prevent any further tampering and provide the department with the information . One bottle must be capable of holding at least 60 ml of urine. The DOT Agencies and USCG require employers covered under their regulations to have policies in place that fully explain their drug and alcohol program. The collector then ensures that all copies of the CCF are legible and complete. It is neither a positive nor negative test result. Observation must be by a person of the same gender as the testing subject. The seal must be centered over the lid/cap and down the sides of the bottle to ensure that the lid/cap cannot be removed without destroying the seal. If you, the collector, are the observer, you too must follow these procedures. If, after making three reasonable efforts within 24 hours (and documenting them), your DER is unable to contact the driver, The information is likely to result in the driver being determined to be medically unqualified under any applicable DOT agency regulation; or, The information indicates that continued performance by the driver in a safety-sensitive function could pose a significant safety risk; or. Some state laws do not permit observed collections for non-DOT collections. This doesnotconstitute a refusal to test. PDF What Employers Need To Know About DOT Drug and Alcohol Testing The collector finds an item in the employees pockets or wallet which appears to be brought into the site to contaminate a specimen; or the collector notes conduct suggesting tampering. (i) As the observer, you must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show you, by turning around, that they do not have a prosthetic device. The rule modified and expanded the procedural requirements for controlled substances testing, including specimen collection procedures, laboratory testing procedures, medical review officer (MRO) procedures, and substance abuse. The collector must immediately collect a new specimen using direct observation procedures (see 40.67). The test is a Follow-Up test or a Return-to-Duty test. As an employer you must direct an immediate collection under direct observation with no advance notice to the driver if. 16. Note: Occasionally, the tamper-evident label/seal provided with the CCF will not properly adhere to the specimen bottle because of environmental conditions (e.g., moisture, temperature, specimen bottle material) or may be damaged or broken during the collection process. The regulatory requirement is found in 49 CFR, section 40.85. Note: If the laboratory courier does not hand-deliver the specimens to the laboratory, but subsequently places the specimens into a commercial delivery system, the specimens must be placed into a shipping container to minimize damage in transit. If the employee asks the collector to provide identification, the collector must show the employee some form of identification. ( a) The laboratory reports an "Invalid Result. Upon request, the SAP must provide this documentation to DOT agency representatives and to employers and C/TPAs who are using or contemplating using his/her services. Make sure that only approved DOT urine CCFs are used. The driver's signature is omitted from the certification statement, unless the driver's failure or refusal to sign is noted on the "Remarks" line of the CCF. These instructions should emphasize their responsibilities to maintain the integrity of the specimen collection and transfer process and to protect the dignity and privacy of the driver providing the sample. Complete the CCF. The safety-sensitive duties of a driver and the employer's interests, and. The circumstances under which the MRO must disclose such information are in 40.327: The MRO must tell the driver that the laboratory has determined that the driver's test result was positive, adulterated, substituted, or invalid, as applicable. A copy of Copy 2 is the recommended way to report the results. You must never permit an opposite gender person to act as the observer. As an employer, you must maintain your reports from SAPs for 5 years from the date you received them. The MRO should also document for his/her own files the basis for having made the positive determination. to the direct observed collection procedure described in the Mandatory Guidelines Receive training on the following subjects: : o The steps necessary to perform a direct observed collection correctly o Maintain the integrity and security of the specimen throughout the collection process Use of illegal drugs prohibited at all times. PDF United States Department of Transportation - Federal Transit Administration MoDOT recognizes that it is the public policy of the State of Missouri that all meetings, records, etc., of public governmental bodies are open to public inspection except those that the statues allow to be closed (Section 610.021 RSMo). Be knowledgeable of the direct observed collection procedure as described in the Mandatory Guidelines. The request must be made to the MRO, and the employer must ensure the test is conducted. Be knowledgeable of any guidance provided by the Federal agency or by HHS relating to the direct observed collection procedure described in the Mandatory Guidelines. 40.67 (n) (2020) (providing that " [a]s a service agent, when you learn that a directly observed collection should have been collected but was not, you must inform the employer that it must direct the employee to have an immediate recollection under direct observation.". This will be the primary specimen or "A" bottle. A CDIP requires the applicant to be at least 18 years old, show proof of residency, and pass the written exam. The collector then checks to make sure that the specimen contains a sufficient amount of urine (a minimum of 45 mL for all DOT collections). The above 23 steps represent a "typical" collection and are the basic requirements for a DOT mandated urine specimen collection. Federal Motor Carrier Safety Administration, Implementation Guidelines for Alcohol and Drug Regulations - Chapter 6. laboratory testing of urine specimens for five types of controlled substances. Note: The collector may encourage the employee to also leave, with his or her other belongings, any other items that the employee will not need or may be prohibited from carrying into the restroom. Single-Use Temperature Measurement Device: the device shall be capable of measuring temperatures within the range of 32 to 38 Centigrade. DOT Urine Specimen Collection Guidelines. 40.67 When and how is a directly observed collection conducted? When the services of an MRO have been retained, you should do the following: Describe procedures for disclosure of verified positive test results and the confidentiality that is required for medical information not specifically related to use of controlled substances. You may choose to contract for collection site services or you may establish your own site with trained staff. The collection process provides that the specimen will be collected by a trained collector under direct observation. The MRO will verify the test result as negative and any report to the employer will indicate that the test is negative. Receive email updates about the latest in Safety, Innovation, and Infrastructure. Only one specimen should be collected at a time. (7) For verified positive tests, the drug(s)/ metabolite(s) for which the test was positive, (8) For cancelled tests, the reason for cancellation and. The MRO must have knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his or her medical history and any other relevant biomedical information. (c) As a collector, you must immediately conduct a collection under direct observation if: You are directed by the DER to do so (see paragraph (a) of this section); or, You observed materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen (see 40.61(f)(5)(i) and 40.63(e)); or. 49 CFR part 40, part 382, and the DOT SAP guidelines. Give the specimen to the specimen collector and observe while the collector checks the specimen for temperature, volume, and visually inspects the specimen for signs of tampering or substitution. Your drivers are informed that testing for additional controlled substances is not required under the DOT regulations. 26.115 Collecting a urine specimen under direct observation. Only unwrap the collection container. If the Medical Examiner is qualified, he or she may be designated to also serve as the MRO. 2. If a same gender collector cannot be found or in circumstances of nonbinary or transgender employees: (i) If the employer has a standing order to allow oral fluid testing in such situations, the collector will follow that order; (ii) If there is no standing order from the employer, the collector must contact the DER and either conduct an oral fluid test if the collection site is able to do so, or send the employee to a collection site acceptable to the employer for the oral fluid test. SAPs cannot refer an employee requiring assistance to their own private practices, or to a person or organization from which they receive payment, or to a person or organization in which they have a financial interest. Access to the site must be restricted during specimen collection. (a) As an employer, you must direct an immediate collection under direct observation with no advance notice to the employee, if: The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to you that there was not an adequate medical explanation for the result; 8. You must supply this information on the same business day on which you are notified of the problem, transmitting it by fax or courier. These services include specimen collection, laboratory testing, MRO and SAP. 11. Because of leakage or other causes, there is an insufficient amount of urine in the primary specimen bottle for analysis. beyond your control. The bottles must be capable of being shipped in appropriate packing material without leaking or breaking, and must meet the technical specifications of the. Share sensitive information only on official, secure websites. Do not tamper with the specimen or make substitutions. Thecollector, not the employee, then pours at least 15 mL of urine into a second bottle and places the lid/cap on the bottle. Changes in the sequence of these procedures, errors, or omissions in some of the steps may result in the collection being unacceptable for testing at the laboratory or the results being declared invalid upon review by the MRO. Do not observe the specimen collection. What Happens if the MRO Cancels a Pre-Employment Drug Test? An exception may be made, if the employee is also undergoing a physical examination authorized by a DOT operating administration's rule, in conjunction with the drug test, which normally includes wearing a hospital gown. The driver has 72 hours after being informed of a verified positive test by the MRO to request a test of the split sample. All DOT-required collections are conducted using split specimen procedures. 3. Alcohol use prohibited 8 hours after accident or until Post Accident test is performed. Specifically, you are to watch the urine go from the employee's body into the collection container. chain-of-custody and laboratory procedures were correct, the MRO must report the verified positive test and the identity of the substance(s) to the employer or designated agent according to established company procedure and DOT regulations( 40.163.) CDL Testing. If the information is not already preprinted, the collector enters the required information in Step 1 of the CCF (employer's name, address, telephone, fax number; employee SSN or employee ID number (refusal by the employee to provide a SSN is not a refusal to test, but requires the collector to annotate this in the remarks); reason for test; drug test to be performed; and collection site information. If the collector is not the observer, the collector must instruct the observer about the procedures for checking the employee for prosthetic or other devices designed to carry clean urine and urine substitutes AND for watching the employee urinate into the collection container. The U.S. Department of Transportation (DOT) requires collections to be observed in myriad circumstances, including in the case of return to duty and follow-up tests. The collection site personnel are responsible for the integrity of the specimen collection and transfer process and for ensuring the dignity and privacy of the donor. Note: There is no corrective procedure available if the seal is broken after the employee leaves the collection site. DOT regulations require that all urine specimens be collected at an appropriate collection site. Thecollector, not the employee, must then remove the tamper-evident seals from the CCF and place them on each bottle, ensuring that the seal labeled "A" is placed on the primary bottle with at least 30 mL of urine and that the seal labeled "B" is placed on the bottle of 15 mL of urine. The qualification training [See 40.33(b)] must contain the following elements: Qualification Training: Knowledge about Part 40 collection . If, after making three reasonable efforts within 24 hours (and documenting them), the MRO is unable to reach the driver directly, the MRO shall contact the DER, who shall direct the driver to contact the MRO within 72 hours. To obtain more specific information regarding the procedures of collecting a specimen. 3. 7. Those circumstances are:1. It does not have to be a picture identification or include the collector's home address or telephone number. contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the driver from contacting the MRO in time. If the employee has not had the opportunity to wash his or her hands, they may do so now. (f) In a case where two sets of specimens are being sent to the laboratory because of suspected tampering with the specimen at the collection site, enter on the Remarks line of the CCF (Step 2) for each specimen a notation to this effect (e.g., collection 1 of 2, or 2 of 2) and the specimen ID number of the other specimen. The employee may retain his or her wallet. Drug or Alcohol Testing Services: Refusal to test - National Drug Screening The collector must provide a signed statement (i.e., a memorandum for the record). Check your outer garments with the collection site personnel for safekeeping. Written Instructions: written instructions should be provided for collection site personnel. The remainder of this chapter discusses the interaction of DOT and FMCSA regulations in defining your controlled substances testing program. 15. (3) Reason for the test, if indicated on the CCF (e.g., random, post-accident). After the employee hands the collection container to the collector, the collector unwraps or opens the specimen bottles. The instructions should describe in detail the procedures for collecting and transporting specimens and completing the CCF. National associations, including organizations affiliated with the American Medical Association, offer certification programs for MROs. Washington, DC 20590855-368-4200. This is an important factor in choosing a collection facility. The collector requests the employee to present an acceptable form of identification. Tetrahydrocannabinol prescribed to cancer patients for anti-emetic purposes and to Acquired Immune Deficiency Syndrome (AIDS) patients for weight loss, Cocaine prescribed as a topical or a vasoconstrictive anesthetic. ? DOT's final rule, 49 CFR part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs," took effect August 1, 2000. If identity cannot be verified, the collection should not proceed. The collector may set a reasonable time limit for the employee to be inside the bathroom and this time frame should be explained to the employee. The DOT regulation requires an immunoassay test as the initial test. It must state that the incorrect form contains all the information needed for a valid DOT drug test, and that the incorrect form was used inadvertently or as the only means of conducting a test, in circumstances. Fail to permit a monitored or observed urine collection: Employer / DER [after review of the collector documentation] If the employer ordered an observed collection or if the collector required the collection to be monitored or observed, it is a refusal if the employee does not: Fail to provide a sufficient amount of urine: MRO You should also request a copy upon an audit by FMCSA. After the employee gives the specimen to the collector, the collector must check the temperature of the specimen, check the specimen volume, and inspect the specimen for adulteration or substitution. Secure .gov websites use HTTPS Every effort should be made to minimize the number of persons handling the specimen. 49 CFR 40.67 - When and how is a directly observed collection >> Answer Observed collections in DOT urine drugs testing If the driver cannot produce the CDL have the designated driver representative (DDR verify the driver. The tape seal on the container shall bear the initials of the collection site person and the date of closure. Do not enter the enclosure.