§ 40.33 What training requirements must a collector meet for urine collection?

(a)To Medicalbe reviewpermitted officerto shallact reviewas confirmeda positiveurine results.collector (1)in An essential part of the DOT drug testing program, isyou themust finalmeet revieweach of confirmedthe positiverequirements resultsof fromthis thesection:
(a) laboratoryBasic information. AYou positivemust testbe resultknowledgeable doesabout notthis automaticallypart, identifythe ancurrent employee/applicant“DOT asUrine havingSpecimen usedCollection drugsProcedures inGuidelines,” violationand of a DOT agency regulation.regulations Anapplicable individualto withthe aemployers detailedfor knowledgewhom ofyou possibleperform alternatecollections. medicalDOT explanationsagency isregulations, essential to the reviewDOT ofUrine results.Specimen ThisCollection reviewProcedures shallGuidelines, beand performedother bymaterials theare Medicalavailable Reviewfrom OfficerODAPC (MRO)Department prior to the transmission of theTransportation, results1200 toNew employerJersey administrativeAvenue officialsSE., TheWashington MRODC, review20590, shall202-366-3784, includeor reviewon of the chainODAPC ofWeb custodysite to(https://www.transportation.gov/odapc). ensureYou thatmust itkeep iscurrent completeon andany sufficientchanges onto itsthese facematerials.
(2) TheYou dutiesmust ofsubscribe the MRO with respect to negativethe resultsODAPC arelist-serve purelyat: administrativehttps://www.transportation.gov/odapc/get-odapc-email-updates.
(b) MedicalQualification review officer—qualifications and responsibilitiestraining. (1)You Themust MROreceive shallqualification betraining ameeting licensedthe physicianrequirements with knowledge of substancethis abuseparagraph. disordersQualification andtraining maymust beprovide aninstruction employeeon ofthe afollowing transportation employer or a private physician retained for this purpose.subjects:
(21) [Reserved]
(3)All Thesteps rolenecessary ofto thecomplete MROa iscollection tocorrectly review and interpretthe confirmedproper positivecompletion testand resultstransmission obtainedof through the employer'sCCF;
(2) testing“Problem” program.collections In carrying out this responsibility(e.g., thesituations MROlike shall“shy examinebladder” alternateand medicalattempts explanationsto fortamper anywith positive test result. This action may include conducting a medicalspecimen);
(3) interviewFatal andflaws, reviewcorrectable of the individual's medical historyflaws, orand reviewhow ofto anycorrect otherproblems relevantin biomedicalcollections; factors.and
(4) The MROcollector's shallresponsibility reviewfor allmaintaining medicalthe recordsintegrity madeof available by the testedcollection individualprocess, whenensuring athe confirmedprivacy positiveof testemployees couldbeing havetested, resultedensuring fromthe legallysecurity prescribedof medication.the The MRO shall notspecimen, however,and consideravoiding theconduct results or urinestatements samples that arecould notbe obtainedviewed oras processedoffensive inor accordance with this part.inappropriate;
(c) PositiveInitial testProficiency resultDemonstration. (1)Following Prioryour tocompletion makingof aqualification finaltraining decisionunder toparagraph verify(b) aof positivethis test result for an individualsection, theyou MROmust shalldemonstrate giveproficiency thein individualcollections anunder opportunitythis topart discussby thecompleting testfive resultconsecutive witherror-free himmock or hercollections.
(21) The MROfive shallmock contactcollections themust individualinclude directly,two onuneventful acollection confidential basisscenarios, toone determineinsufficient whetherquantity theof employeeurine wishesscenario, toone discusstemperature theout testof result.range A staff person under the MRO's supervision may make the initial contactscenario, and aone medicallyscenario licensedin orwhich certified staff person may gather information from the employee. Exceptrefuses asto providedsign in paragraph (c)(5) of this section, the MROCCF shalland talkinitial directly with the employeespecimen beforebottle verifyingtamper-evident a test as positiveseal.
(32) If,Another afterperson makingmust allmonitor reasonable efforts and documentingevaluate them,your the MRO is unable to reach the individual directlyperformance, thein MROperson shallor contactby a designatedmeans managementthat officialprovides whoreal-time shallobservation directand theinteraction individualbetween to contact the MROinstructor asand soon as possible. If it becomes necessary to reach the individual through the designated management officialtrainee, theand designatedattest managementin officialwriting shall employ procedures that ensure, to the maximummock extentcollections practicable,are the“error-free.” requirementThis thatperson themust employeebe contacta thequalified MROurine iscollector heldwho inhas confidence.
(4)demonstrated If,necessary after making all reasonable effortsknowledge, the designated management official is unable to contact the employeeskills, theand employerabilities may place the employee on temporary medically unqualified status or medical leave.by—
(5i) TheRegularly MROconducting mayDOT verifyurine adrug test ascollections positivefor withouta havingperiod communicatedof directlyat withleast theone employee about the test in three circumstances:
(i) The employee expressly declines the opportunity to discuss the testyear;
(ii) NeitherConducting theurine MROcollector nortraining theunder designatedthis employerpart representative,for afterat makingleast allone reasonable efforts, has been able to contact the employee within 14 days of the date on which the MRO receives the confirmed positive test result from the laboratoryyear; or
(iii) TheSuccessfully designatedcompleting employer representative has successfully made and documented a contacturine with“train the employeetrainer” andcourse.
(d) instructedYou themust employeemeet to contact the MROrequirements (seeof paragraphs (cb)(3) and (c)(4) of this section), andbefore moreyou thanbegin fiveto daysperform havecollector passedfunctions.
(e) sinceRefresher thetraining. dateNo theless employeefrequently wasthan successfullyevery contactedfive byyears from the designateddate employeron representative.
(6)which Ifyou asatisfactorily testcomplete is verified positive under the circumstancesrequirements specifiedof inparagraphs paragraph (cb)(5) (ii)and or (iiic) of this section, theyou employeemust maycomplete presentrefresher totraining the MRO information documenting that seriousmeets illness,all injury, or other circumstances unavoidably prevented the employeerequirements fromof beingparagraphs contacted by the MRO or designated employer representative (paragraph (cb)(5)(ii) ofand this section) or from contacting the MRO (paragraph (c)(5)(iii) of this section.
(f) withinError thecorrection times providedtraining. TheIf MRO,you onmake the basis of such information, may reopen the verification, allowing the employee to present information concerning a legitimatemistake explanationin for the confirmedcollection positiveprocess test. If the MRO concludes that therecauses is a legitimate explanation, the MRO declares the test to be negative.
cancelled (7)i.e., Following verification of a positivefatal testor result,uncorrected the MRO shallflaw), asyou providedmust inundergo theerror employer'scorrection policy,training. referThis thetraining casemust tooccur thewithin employer's30 employeedays assistanceof orthe rehabilitationdate program,you ifare applicable,notified toof the managementerror officialthat empoweredled to recommend or take administrative action (or the official'sneed designated agent), or both.
(d) Verification for opiates; review for prescription medicationretraining. BeforeErrors the MRO verifies a confirmed positive result for opiates, he or she shall determine that therecause iscancellation clinicalbut evidence—inoccur additionoutside to the urinecollection test—ofprocess unauthorized use of any opium, opiate, or opium derivative (e.g., morphine/codeine).when (This requirement does not apply if the employer's GC/MS confirmation testing for opiates confirms the presence of 6-monoacetylmorphine.)
(e) In a situation in which the employer has used the single sample method of collection, the MRO shall notify each employee who has a confirmed positive test that the employee has 72 hours in which to request a reanalysis of the original specimen, if the test is verifiedcrushed positive.or Ifotherwise requesteddamaged toduring do so by the employeetransportation within 72 hours of the employee's having been informed of a verified positive testprocess, theor Medicalis Reviewlost Officer shall direct, in writingtransit), a reanalysis of the originalcancellation sample.would Thenot MRObe may also direct, in writing, such a reanalysis if the MROresult questions the accuracy or validity of anyan testerror result. Only the MRO may authorize such a reanalysis, and such a reanalysis may take place only at laboratories certified by DHHS. If the reanalysiscollector failsduring to reconfirm the presencecollection ofprocess the drug or drug metabolite, the MRO shall cancel the test and reportdoes thenot cancellationrequire and the reasonscollector for it to thebe DOT, the employer and the employeeretrained.
(f)(1) InError situationscorrection intraining whichmust thebe employerprovided usesand theyour splitproficiency sampledocumented method of collection, the MRO shall notify each employee who has a confirmed positive test that the employee has 72 hours in whichwriting toby request a testperson ofwho themeets split specimen, if the testrequirements is verified as positive. If the employee requests an analysis of theparagraph split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(sc) or drug metabolite(s2) foundof inthis the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the employer, and the employeesection.
(2) IfError thecorrection analysistraining of the split specimen is reconfirmedrequired byto thecover secondonly laboratory for the presencesubject ofmatter the drugarea(s) orin drugwhich metabolites(s), the MROerror shallthat notifycaused the employertest andto employeebe ofcancelled the results of the testoccurred.
(g3) IfAs anpart employeeof has not contacted the MROerror withincorrection 72 hourstraining, asyou providedmust indemonstrate paragraphsyour (e)proficiency andin (f) of this section, the employeecollection mayprocedures present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actualthis noticepart ofby thecompleting verifiedthree positiveconsecutive test,error-free ormock other circumstances unavoidably prevented the employee from timely contacting the MROcollections. IfThe themock MROcollections concludesmust thatinclude thereone isuneventful ascenario legitimateand explanationtwo forscenarios therelated employee's failure to contact the MRO within 72 hours, the MRO shall direct that the reanalysis of the primary specimen or analysis of the split specimen, as applicable, be performed.
area(hs) When the employer uses the split sample method of collection, the employee is not authorized to request a reanalysis of the primary specimen as provided in paragraphwhich (e)your of this section.
error(is) Disclosure of informationoccurred. ExceptThe asperson providedproviding in this paragraph, the MROtraining shallmust notmonitor discloseand toevaluate anyyour thirdperformance partyand medicalattest informationin providedwriting bythat the individualmock tocollections thewere MRO as a part of the testing verification process“error-free.”
(1g) TheDocumentation. MROYou maymust disclosemaintain suchdocumentation informationshowing tothat theyou employer,currently ameet DOTall agencyrequirements orof otherthis Federalsection. safetyYou agency,must orprovide athis physiciandocumentation responsibleon forrequest determiningto the medical qualification of the employee under an applicable DOT agency regulation,representatives asand applicable,to onlyemployers if—
(i)and AnC/TPAs applicablewho DOTare regulationusing permits or requiresnegotiating such disclosure;
(ii) In the MRO's reasonable medical judgment, the information could result in the employee being determined to beuse medicallyyour unqualified under an applicable DOT agency rule; orservices.
(iii)[65 InFR the79526, MRO'sDec. reasonable medical judgment19, in2000; a66 situationFR in which there is no DOT agency rule establishing physical qualification standards applicable to the employee3885, the information indicates that continued performance by the employee of his or her safety-sensitive function could pose a significant safety riskJan.
(2) Before17, obtaining2001, medical information from the employee as partamended ofat the66 verificationFR process41950, theAug. MRO9, shall2001; inform82 the employee that information may be disclosed to third parties as provided in this paragraph and the identity of any parties to whom information may be disclosed.
[54 FR 4986652244, DecNov. 113, 1989,2017; as88 amended at 59 FR 735627638, Feb.May 152, 19942023; 6189 FR 3769987798, JulyNov. 195, 19962024]