Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 49 - Transportation |
Subtitle A — Office of the Secretary of Transportation |
Part 40 - Procedures for Transportation Workplace Drug and Alcohol Testing Programs |
Subpart C - Urine Collection Personnel |
§ 40.31 - Who may collect specimens for DOT drug testing?
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§ 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 urine collector must meet training requirements of § 40.33.
(c) As the An oral fluid collector must meet the training requirements of § 40.35.
an(d) To avoid the appearance of a conflict of interest, if you are the immediate supervisor of
maythe employee being tested, you
must 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(
e) You must not act as the collector for the employee being tested if you work for a 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.
(f) Employees are not permitted to be their own collector.
(1) An employee who is a qualified collector is not permitted to be their own collector; another qualified collector must perform the collection in accordance with this part.
(2) To avoid a potential conflict of interest, a collector must not be related to the employee being tested (e.g., spouse, ex-spouse, relative) or a close personal friend.
[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27637, May 2, 2023]