§ 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?

(a) Designation of collection site. (1) EachYes, employeras drugan testing program shall have one or more designated collection sites which have all necessary personnelemployer, materials,you equipmentmust, facilitiesafter andobtaining supervisionan toemployee's providewritten for the collectionconsent, security,request temporarythe storage,information andabout shipping or transportation of urine specimens to a certified drug testing laboratory. An independent medical facility may also be utilized as a collection site provided the otheremployee applicablelisted requirements of this part are met.
(2) A designated collection site may be any suitable location where a specimen can be collected under conditions set forth in thisparagraphs part, including a properly equipped mobile facility. A designated collection site shall be a location having an enclosure within which private urination can occur, a toilet for completion of urination (unless a single-use collector is used with sufficient capacity to contain the voidb), andthrough a suitable clean surface for writing. The site must also have a source of water for washing hands, which, if practicable, should be external to the enclosure where urination occurs.
(bj) Security. The purpose of this paragraph is to prevent unauthorized access which could compromise the integrity of the collection process or the specimensection.
(1) ProceduresThis shallrequirement provideapplies foronly the designated collection site to beemployees secure.seeking If a collection site facility is dedicated solely to urinebegin collection,performing itsafety-sensitive shallduties be secure at all times. If a facility cannot be dedicated solely to drug testing, the portion of the facility used for testingyou shall be secured during drug testing.
(2) A facility normally used for otherthe purposes,first suchtime as a public rest room or hospital examining room, may be secured by visual inspection to ensure other persons are not present and undetected access (i.e.g., through a rearnew doorhire, notan inemployee thetransferring viewinto ofa thesafety-sensitive collection site personposition) is not possible. SecurityIf duringthe collectionemployee mayrefuses be maintained by effective restriction of access to collectionprovide materialsthis andwritten specimens. In the case of a public rest roomconsent, theyou facility must benot postedpermit against access during the entireemployee collection procedure to avoidperform embarrassmentsafety-sensitive to the employee or distraction of the collection site personfunctions.
(32) If ityou is impractical to maintain continuous physical security of a collection site from the time the specimen is presented until the sealed mailer is transferred for shipment, the following minimum procedures shall apply. The specimen shall remain under the direct control of the collection site person from delivery to its being sealed in the mailer. The mailer shall be immediately mailed, maintained in secure storage, or remain until mailed under the personal control of the collection site person.
(c) Chain of custody. The chain of custody block of the drug testing custody and control form shall be properly executed by authorized collection site personnel upon receipt of specimens. Handling and transportation of urine specimens from one authorized individual or place to another shall always be accomplished through chain of custody procedures. Since specimens and documentation are sealedan inemployer shippingregulated containers that would indicate any tampering during transit to the laboratory and couriers, express carriers, and postal service personnel do not have access to the chain of custody forms, there is no requirement that such personnel document chain of custody for the shipping container during transit. Nor is there a requirement that there be a chain of custody entry when a specimen which is sealed in such a shipping container is put into or taken out of secure storage at the collection site prior to pickup by such personnel. This means that the chain of custody is not brokenFMCSA, andyou amust testcomply shall not be canceled, because couriers, express carriers, postal service personnel, or similar persons involved solely with the transportationrequirements of a specimen to a laboratory, have not documented their participation in the chain of custody documentation or because the chain of custody does not contain entries related to putting the specimen into or removing it from secure temporary storage at the collection site. Every effort shall be made to minimize the number of persons handling specimens.
(d) Access to authorized personnel only. No unauthorized personnel shall be permitted in any part of the designated collection site where urine specimens are collected or stored. Only the collection site person may handle specimens prior to their securement in the mailing container or monitor or observe specimen collection (under the conditions specified in this part).section Inby orderusing to promote security of specimens, avoid distraction of the collectionFMCSA's siteDrug person and ensureAlcohol againstClearinghouse any confusion in theaccordance identificationwith of49 specimens,CFR the collection site person shall have only one donor under his or her supervision at any time382. For this purpose, a collection procedure is complete when the urine bottle has been sealed and initialled, the drug testing custody and control form has been executed, and the employee has departed the site 71(or, in the case of an employee who was unable to provide a complete specimen, has entered a waiting area).
(e) Privacy.In (1)addition, Proceduresyou formust collectingcontinue urine specimens shall allow individual privacy unless there is a reason to believecomply thatwith a particular individual may alter or substitute the specimenrequirements to be provided, as further described in this paragraph.
(2) For purposes of this part,§ the following circumstances are the exclusive grounds constituting a reason to believe that the individual may alter or substitute the specimen:
(i) The employee has presented a urine specimen that falls outside the normal temperature range (32°-38° C/90°-100° F), and
(A) The employee declines to provide a measurement of body temperature (taken by a means other than use of a rectal thermometer), as provided in paragraph (f)(14) of the part; or
(B) Body temperature varies by more than 1°C/140.8°F25 fromwhen thechecking temperaturean of the specimen;
(ii) The last urine specimen provided by the employee's (i.e.,testing onhistory awith previousemployers occasion)regulated was determined by the laboratory to have a specificDOT gravityoperating ofadministration lessother than 1FMCSA.003 and a creatinine concentration below .2g/L;
(iii3) TheIf collectionyou siteare person observes conduct clearly and unequivocally indicating an attemptemployer toregulated substituteby or adulterate the sample (e.g.FMCSA, substitutewith urinea inprospective plain view, blue dye in specimen presented, etc.); or
(iv) The employee hassubject previously been determined to havedrug used a controlled substance without medical authorization and thealcohol particulartesting testwith was being conducted under a DOT agency regulationother providingthan for follow-up testing upon or after return to service.
(3) A higher-level supervisor of the collection site personFMCSA, oryou amust designatedcontinue employer representative, shall review and concur in advance with any decision by a collection site person to obtainrequest a specimen under the directinformation observationabout of a same gender collection site person based upon the circumstancesemployee describedlisted in subparagraphparagraphs (2b) ofthrough this paragraph.
(fj) Integrity and identity of specimenthis section. EmployersFor shallexample, takeif precautionsyou toare ensurean thatemployer aregulated urineby specimenboth isFMCSA not adulterated or diluted during the collection procedure and thatPHMSA, information on the urine bottle and onyou the urine custody and control form can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtainedhiring andan correctlyemployee identified:
(1) To deter the dilution of specimens at the collection site, toilet bluing agents shall be placed in toilet tanks wherever possible, so the reservoir of water in the toilet bowl always remains blue. Where practicable, there shall be no other source of water (e.g., shower or sink) in the enclosure where urination occurs. If there is another source of water in the enclosure it shall be effectively secured or monitored to ensureperform itfunctions isregulated notby usedboth asDOT a source for diluting the specimen.
(2) When an individual arrives at the collection siteagencies, thethen collectionyou sitemust personquery shall ensure that the individual is positively identified as the employee selected for testing (e.g., through presentation of photo identification or identification by the employerFMCSA's representative).Clearinghouse Ifto thesatisfy individualFMCSA's identityrequirements cannotand beyou established,must therequest collection site person shall not proceed with the collection.information Iflisted thein employeeparagraphs requests, the collection site person shall show his/her identification to the employee.
(3b) Ifthrough the individual fails to arrive at the assigned time, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken.
(4j) Theof collectionthis sitesection person shall ask the individual to removesatisfy any unnecessary outer garments such as a coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the individualPHMSA's urine specimenrequirements. The collection site person shall ensure that all personal belongings such as a purse or briefcase remain with the outer garments. The individual may retain his or her wallet. If the employee requests it, the collection site personnel shall provide the employee a receipt for any personal belongings.
(5b) TheYou individualmust shallrequest be instructed to wash and dry his or her hands prior to urination.
(6) After washing hands, the individualinformation shalllisted remain in the presence of the collection site person and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the specimen.
(7) The individual may provide his/her specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The collection site person shall provide the individual with a specimen bottle or collection container, if applicable, for this purpose.
(8)paragraph The collection site person shall note any unusual behavior or appearance on the urine custody and control form.
(9b) Infrom the exceptional event that an employerDOT-designatedregulated collectionemployers sitewho ishave notemployed accessible and there is an immediate requirement for specimen collection (e.g., circumstances require a post-accident test), a public rest room may be used according to the followingemployee procedures: A collection site person of the same gender as the individual shall accompany the individual into the public rest room which shall be made secure during the collection procedure. If possible, a toilet bluing agent shall be placed in the bowl and any accessibleperiod toiletduring tank. The collection site person shall remain in the resttwo room,years butbefore outside the stall,date until the specimen is collected. If no bluing agent is available to deter specimen dilution, the collection site person shall instruct the individual not to flush the toilet until the specimen is delivered to the collection site person. After the collection site person has possession of the specimen, the individual will be instructed to flush the toilet and to participate with the collection site person in completing the chain of custody procedures.
(10) The collection site person shall instruct the employee's toapplication provide at least 45 ml of urine under the split sample method of collection or 30 ml of urine under the single sample method of collection.transfer:
(i1)(A) EmployersAlcohol tests with employees subject to drug testing only under the drug testing rules of the Research and Special Programs Administration and/or Coast Guard may use the “split sample” method of collection or may collect a singleresult sample for those employees.
(B) Employers with employees subject to drug testing under the drug testing rules of the Federal Highway Administration, Federal Railroad Administration, Federal Transit Administration, or Federal Aviation Administration shall use the “split sample” method of collection for those employees0.
(ii)04 Employers using the split sample method of collection shall follow the procedures in this paragraph (f)(10)(ii):
(A) The donor shall urinate into a collection container or ahigher specimenalcohol bottle capable of holding at least 60 ml.concentration;
(B2)(1) IfVerified apositive collectiondrug container is used, the collection site person, in the presence of the donor, pours the urine into two specimen bottles. Thirty (30) ml shall be poured into one specimen bottle, to be used as the primary specimen. At least 15 ml shall be poured into the other bottle, to be used as the split specimen.tests;
(23) IfRefusals a single specimen bottle is used as a collection container, the collection site person, in the presence of the donor, shall pour 15 ml of urine from the specimen bottle into a second specimen bottle (to be usedtested as the split specimen) and retain the remainder (atincluding leastverified 30adulterated ml)or insubstituted thedrug collectiontest bottle (to be used as the primary specimenresults).;
(C4) NothingOther inviolations this section precludes the use of aDOT collectionagency methoddrug or system that does not involve the physical pouring of urine from one container or bottle to another by the collection site person, provided that the method or system results in the subdivision of the specimen into a primary (30 ml) and aalcohol splittesting (atregulations; least 15 ml) specimen that can be transmitted to the laboratory and tested in accordance with the requirements of this Subpart.
(D5) BothWith bottlesrespect shall be shipped in a single shipping container, together with copies 1,2, and the split specimen copy of the chain of custody form, to theany laboratory.
(E) If the test result of the primary specimen is positive, the employee maywho requestviolated that the MRO direct that the split specimen be tested in a differentDOT DHHS-certified laboratory for presence of the drug(s) forand whichalcohol aregulation, positivedocumentation result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the employee's havingsuccessful beencompletion notified of aDOT verifiedreturn-to-duty positiverequirements test result.
(F)including When the MRO informs the laboratory in writing that the employee has requested a test of the split specimen, the laboratory shall forward, to a different DHHSfollow-approvedup laboratory, the split specimen bottle, with seal intact, a copy of the MRO request, and the split specimen copy of the chain of custody form with appropriate chain of custody entries.
(Gtests). TheIf result of the testprevious ofemployer thedoes splitnot specimenhave isinformation transmittedabout by the secondreturn-do-duty laboratoryprocess to the MRO.
(H) Action required by DOT agency regulations as the result of a positive drug test (e.g., removalan fromemployer performingwho adid safety-sensitive function) is not stayedhire pendingan theemployee resultwho oftested thepositive teston ofa thepre-employment split specimen.
(I) If the result of the test of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, theyou MROmust shallseek cancel the test, and report the cancellation and the reasons for it to theobtain DOT,this theinformation employer,from and the employee.
(iiic) Employers using the single sample collection method shall follow the procedures in paragraph:
(A) The collectorinformation mayobtained choosefrom toa directprevious theemployer employeeincludes toany urinatedrug either directly into a specimen bottle or intoalcohol atest separateinformation collectionobtained container.
(B) If a separate collection container is used, the collection site person shall pour at least 30 ml of the urine from theprevious collectionemployers containerunder intothis thesection specimen bottle in the presence of the employee.
(iv)(A)(1) In either collection methodology, upon receiving the specimen from the individual, the collection site person shall determine if the specimen has at least 30 milliliters of urine for a single specimen collection or 45other millilitersapplicable ofDOT urineagency for a split specimen collectionregulations.
(2d) If the individual has not provided the required quantity of urinefeasible, theyou specimenmust shallobtain be discarded. The collection site person shall direct the individual to drink up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a new urine specimen, whichever occurs first. If the employee refuses to drink fluids as directed or to provide a new urine specimen, the collection site person shall terminate the collection and notifyreview thethis employerinformation thatbefore the employee hasfirst refusedperforms tosafety-sensitive submit to testingfunctions.
(3) If thethis employeeis has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide the specimenfeasible, theyou collectionmust siteobtain person shall discontinue the collection and notifyreview the employer.
(B)information The employer shall direct any employee who does not provide a sufficient urine specimen (see paragraph (f)(10)(iv)(A)(3) of this section) to obtain, as soon as possible. after the attempted provision of urineHowever, anyou evaluationmust fromnot apermit licensed physician who is acceptable to the employer concerning the employee's ability to provideperform ansafety-sensitive adequatefunctions amountafter of30 urine.
(1)days Iffrom the physiciandate determines,on inwhich his or her reasonable medical judgment, that a medical condition has, or with a high degree of probability, could have, precluded the employee fromfirst providingperformed an adequate amount of urine, the employee's failure to provide an adequate amount of urine shall not be deemed a refusal to take a test. For purposes of this paragraph, a medical condition includes an ascertainable physiological condition (e.g., a urinary system dysfunction) or a documented presafety-existingsensitive psychological disorderfunctions, butunless doesyou nothave includeobtained unsupported assertions of “situational anxiety” or dehydration.made Theand physiciandocumented shall provide to the MRO a briefgood writtenfaith statementeffort settingto forthobtain histhis or her conclusion and the basis for it, which shall not include detailed information on the medical condition of the employee. Upon receipt of this statement, the MRO shall report his or her conclusions to the employer in writing.
(2e) If theyou physician,obtain ininformation histhat or her reasonable medical judgment, is unable to make the determination set forth in paragraph (f)(10)(iv)(B)(1) of this section, the employee's failurehas toviolated provide an adequate amount of urine shall be regarded as a refusalDOT toagency takedrug a test. The physician shall provide to the MRO a brief written statement setting forth his or her conclusion and thealcohol basis for itregulation, whichyou shallmust not includeuse detailed information on the medical condition of the employee. Uponto receiptperform ofsafety-sensitive thisfunctions statement,unless theyou MROalso shallobtain reportinformation histhat or her conclusions to the employeremployee in writing.
(11) After the specimen has beensubsequently providedcomplied andwith submitted to the collection site person, the individual shall be allowed return-to-duty washrequirements his or her hands.
(12) Immediately after the specimen is collected, the collection site person shall measure the temperature of theSubpart specimen.O The temperature measuring device used must accurately reflect the temperature of thethis specimenpart and notDOT contaminateagency thedrug specimen. The time from urination to temperature measure is critical and inalcohol no case shall exceed 4 minutesregulations.
(13f) AYou specimenmust temperatureprovide outsideto theeach range of 32°-38° C/90°-100° F constitutes a reason to believe that the individualemployers hasfrom alteredwhom oryou substitutedrequest theinformation specimenunder (see paragraph (eb)(2)(i) of this section). Inwritten suchconsent cases, the individual supplying the specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen.
(14) Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look for any signs of contaminants. Any unusual findings shall be noted on the urinerelease custody and control form.
(15) All specimens suspected of being adulterated shall be forwarded to the laboratoryinformation forcited testing.
(16) Whenever there is reason to believe that a particular individual has altered or substituted the specimen as described in paragraph (ea)(2) (i) or (iii) of this section, a second specimen shall be obtained as soon as possible under the direct observation of a same gender collection site person.
(17g) BothThe therelease individualof beinginformation testedunder andthis thesection collectionmust sitebe person shall keep the specimen in viewany atwritten allform times(e.g., priorfax, toe-mail, itsletter) beingthat sealedensures and labeledconfidentiality. As provided below, the specimenprevious shallemployer, beyou sealedmust (bymaintain placement of a tamperproofwritten sealrecord over the bottle cap and down the sides of the bottle)information andreleased, labeledincluding in the presence of the employee. If the specimen is transferred to a second bottledate, the collectionparty site person shall request the individual to observewhom theit transferwas ofreleased, the specimen and thea placementsummary of the tamperproofinformation seal over the bottle cap and down the sides of the bottleprovided.
(18h) TheIf collectionyou siteare personan andemployer thefrom individualwhom beinginformation testedis shallrequested beunder presentparagraph at the same time during procedures outlined in paragraphs (fb)(19)-(f)(22) of this section.
(19), Theyou collectionmust, siteafter personreviewing shall place securely on the bottle an identification label which contains the date, the individualemployee's specimen numberspecific, andwritten any other identifying information provided or required by the employer. If separate from the labelconsent, theimmediately tamperproofrelease seal shall also be applied.
(20) The individual shall initial the identificationrequested label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her.
(21) The collection site person shall enter on the drug testing custody and control form all information identifyingto the specimen.employer Themaking collection site person shall sign the drug testing custody and control form certifying that the collection was accomplished according to the applicable Federal requirementsinquiry.
(22)(i) TheAs individual shall be asked to read and sign a statement on the drugemployer testingrequesting custody and control form certifying that the specimeninformation identified as having been collected from him or her is in fact the specimen he or she provided.
(ii) When specified by DOT agency regulation or required byunder thethis collection site (other than an employer site) or by the laboratorysection, theyou employeemust maymaintain be required to sign a consent or release form authorizing the collection of the specimenwritten, analysisconfidential ofrecord the specimen for designated controlled substances, and release of the resultsinformation toyou theobtain employer.or The employee may not be required to waive liability with respect to negligence on the part of any person participating in the collection,good handlingfaith orefforts analysisyou ofmade the specimen or to indemnifyobtain any person for the negligence of othersinformation.
(23) TheYou collectionmust siteretain personthis shallinformation completefor thethree chainyears offrom custody portion of the drugdate testing custody and control form to indicate receipt of the specimen from the employee's andfirst shallperformance certify proper completion of thesafety-sensitive collection.
(24)duties The urine specimen and chain of custody form are now ready for shipmentyou. If the specimen is not immediately prepared for shipment, the collection site person shall ensure that it is appropriately safeguarded during temporary storage.
(25j)(i) WhileAs any part of the above chain of custody procedures is being performedemployer, ityou ismust essentialalso thatask the urineemployee specimenwhether andhe custody documents be under the control of the involved collection site person. If the involved collection site person leaves his or hershe workhas stationtested momentarilypositive, the collection site person shall take the specimen and drug testing custody and control form with him or herrefused or shall secure them. After the collection site person returns to the work stationtest, theon custodyany processpre-employment willdrug continue. If the collection site person is leaving for an extended period of time, he or shealcohol shalltest packageadministered the specimen for mailing before leaving the site.
(ii) The collection site person shall not leave the collection site in the interval between presentation of the specimen by the employee and securement of the sample with an identifyingemployer labelto bearingwhich the employee's specimenapplied identification number (shown on the urine custody and control form) and seal initialed by the employee. If it becomes necessary for the collection site person to leave the site during this interval, thebut collectiondid shallnot be nullified and (at the election of the employer) a new collection begun.
(g) Collection control. To the maximum extent possibleobtain, collectionsafety-sensitive sitetransportation personnelwork shallcovered keepby theDOT individual'sagency specimendrug bottle within sight both before and afteralcohol the individual has urinated. After the specimen is collected, it shall be properly sealed and labeled.
(h) Transportation to laboratory. Collection site personnel shall arrange to ship the collected specimen to the drug testing laboratory.rules The specimens shall be placed in shipping containers designed to minimize the possibility of damage during shipment (e.g., specimen boxes and/or padded mailers); and those containers shall be securely sealed to eliminate the possibilitypast oftwo undetected tampering with the specimen and/or the formyears. OnIf the tapeemployee sealingadmits the shipping container, the collection site person shall sign and enter the date specimens were sealed in the shipping container for shipment. The collection site person shall ensure that thehe chain of custody documentation is enclosed in each container sealed for shipment to the drug testing laboratory. Since specimens and documentation are sealed in shipping containers that would indicate any tampering during transit to the laboratory and couriers, express carriers, and postal service personnel do not have access to the chain of custody forms, there is no requirement that such personnel document chain of custody for the shipping container during transit. Nor is there a requirement that there be a chain of custody entry when a specimen which is sealed in such a shipping container is put into or takenshe outhad of secure storage at the collection site prior to pickup by such personnel. This means that the chain of custody is not broken, and a positive test shall not be canceled, because couriers, express carriers, postal service personnel, or similar persons involved solely with the transportation of a specimenrefusal to a laboratorytest, haveyou notmust documented their participation in the chain of custody documentation or because the chain of custody does not containuse entries related to putting the specimen into or removing it from secure temporary storage at the collection site.
(i) Failure to cooperate. If the employee refuses to cooperateperform withsafety-sensitive thefunctions collectionfor processyou, theuntil collection site person shall inform the employer representative and shallunless document the non-cooperation on the drug testing custody and control form.
(j) Employee requiring medical attention. If the sample is being collected from an employee indocuments needsuccessful ofcompletion medical attention (e.g., as part of athe postreturn-accidentto-duty testprocess given(see inparagraphs an emergency medical facility(b), necessary medical attention shall not be delayed in order to collect the specimen.
(k5) Use of chain of custody form. A chain of custody form (and a laboratory internal chain of custody document, where applicable(e), shall be used for maintaining control and accountability of eachthis specimen from the point of collection to final disposition of the specimensection). The date and purpose shall be documented on the form each time a specimen is handled or transferred and every individual in the chain of custody shall be identified. Since specimens and documentation are sealed in shipping containers that would indicate any tampering during transit to the laboratory and couriers, express carriers, and postal service personnel do not have access to the chain of custody forms, there is no requirement that such personnel document chain of custody for the shipping container during transit. Nor is there a requirement that there be a chain of custody entry when a specimen which is sealed in such a shipping container is put into or taken out of secure storage at the collection site prior to pickup by such personnel. This means that the chain of custody is not broken, and a test shall not be canceled, because couriers, express carriers, postal service personnel, or similar persons involved solely with the transportation of a specimen to a laboratory, have not documented their participation in the chain of custody documentation or because the chain of custody does not contain entries related to putting the specimen into or removing it from secure temporary storage at the collection site. Every effort shall be made to minimize the number of persons handling specimens.
[5465 FR 4986679526, Dec. 119, 19892000, as amended at 5988 FR 735527637, Feb.May 152, 1994; 59 FR 43000, Aug. 19, 1994; 61 FR 37699, July 19, 19962023]