§ 40.41 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?
Current wording, effective June 1, 2023.
(a) ANo, urineas collectionan foremployer, a DOT drug test must take place in a collection site meeting the requirements of this section.you are
(b) If operatingprohibited afrom collectionusing site, you must ensure that it meets the securityCCF requirementsfor ofnon-Federal § 40collections.43.
(c)IfYou you are operatingalso aprohibited collectionfrom site,using younon-Federal mustforms have all necessary personnel, materials, equipment, facilities and supervision to provide for theDOT collection,collections. temporaryDoing storage,either andsubjects shippingyou of urine specimens to aenforcement laboratory,action andunder aDOT suitableagency clean surface for writingregulations.
(db) Your(1) collectionIn sitethe mustrare includecase awhere facilitythe forcollector, urination described in either paragraphby (e)mistake or paragraphas (f)the ofonly thismeans section.to
(e)Theconduct first, and preferred, type of facility for urination that a collectiontest siteunder maydifficult includecircumstances is a single-toilet room(e.g., having a fullpost-lengthaccident privacyor door,reasonable withinsuspicion whichtest urinationwith caninsufficient occur.time
(1)Noto oneobtain but the employeeCCF), mayuses bea presentnon-Federal inform thefor rooma duringDOT the collection, except for the observeruse in the event of a directlynon-Federal observedform collection.does
(2)Younot mustpresent have a sourcereason of water for washingthe hands,laboratory that, if practicable, should be external to reject the closedspecimen roomfor wheretesting urinationor occurs.for If an externalMRO sourceto iscancel not available, you may meet this requirement by securing all sources of water and other substances that could be used for adulteration and substitution (e.g., water faucets, soap dispensers) and providing moist towelettes outside the closed roomresult.
(f2) The seconduse type of facilitythe fornon-Federal urinationform that a collection site may include is a multistall“correctable restroomflaw.”
(1)SuchAs aan site must provide substantial visual privacy (e.g.MRO, ato toiletcorrect stallthe withproblem a partial-length door) and meet all other applicable requirements of this section.you
(2) If use a multi-stall restroom, you must either—follow
(i)Securethe allprocedures sources of water§ and other substances that could be used for adulteration and substitution (e40.g., water faucets, soap dispensers) and place bluing agent in all toilets or secure the toilets to prevent access; or205(iib) Conduct all collections in the facility as monitored collections (see § 40.69 for procedures2). This is the only circumstance in which you may conduct a monitored collection.(3)[65 NoFR one but the employee may be present in the multistall restroom during the collection79526, except for the monitor in the event of a monitored collection or the observer in the event of a directly observed collectionDec.
(g)A19, collection2000, siteas mayamended beat in66 aFR medical facility41950, a mobile facility (eAug.g., a van)9, a2001. dedicatedRedesignated collectionand facility,amended orat any88 otherFR location27639, meetingJune the1, requirements of this section.2023]
(a) No, as an employer, you are prohibited from using the CCF for non-Federal collections. You are also prohibited from using non-Federal forms for DOT collections. Doing either subjects you to enforcement action under DOT agency regulations.
(b) (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 reject the specimen for testing or for an MRO to cancel the result.
(2) The use of the non-Federal form is a “correctable flaw.” As an MRO, to correct the problem you must follow the procedures of § 40.205(b)(2).
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001. Redesignated and amended at 88 FR 27639, June 1, 2023]
Amendment history
3 distinct wordings on file since Oct. 1, 2001- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001. Redesignated and amended at 88 FR 27639, June 1, 2023]
- Oct. 1, 2001 → May 2, 2023annual editions 2001–2016
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.