§FMCSR.com
Current textSource: eCFR

§ 40.47 Where does an oral fluid collection for a DOT drug test take place?

Current wording, effective June 1, 2023.

eCFR (current) ↗
What changedMay 2, 2023 wording → June 1, 2023 wording (current)+190 added−152 removedHide

Link(a) toAn anoral amendmentfluid publishedcollection atfor 88a FRDOT 27639,drug Maytest 2,must 2023.
(a)
take No,place asin ana employer,collection yousite aremeeting prohibited from using the CCFrequirements forof non-Federalthis urine collectionssection.
(b)
YouIf you are alsooperating prohibitedan fromoral usingfluid non-Federalcollection formssite:
(1)
forYou DOTmust urineensure collections.that Doingit eithermeets subjectsthe yousecurity torequirements enforcementof action§ under DOT agency regulations40.48;
(b2) (1)The Insite themay rarebe casea wherepermanent theor collector,temporary facility located either byat mistakethe work site or asat thea onlyremote meanssite;
(3)
toThe conductsite may be in a testmedical underfacility, difficulta circumstancesmobile facility (e.g., post-accidenta orvan), reasonablea suspiciondedicated testcollection withfacility, insufficientor timeany toother obtainlocation meeting the CCF),requirements usesof athis non-Federalsection; formand
(4)
forYou amust DOThave collectionall necessary personnel, thematerials, useequipment, ofand afacilities non-Federalthat forminclude doesprivacy notand presentsupervision ato reasonprovide for the laboratorycollection, totemporary rejectstorage, theand specimenshipping forof testingspecimens orto fora anlaboratory, MROand toa cancelsuitable theclean resultsurface for writing.
(2c) TheIf usea ofcollection thesite non-Federalis formnot accessible and there is aan “correctableimmediate flaw.”requirement Asto collect an MROoral fluid specimen (e.g., toan correctaccident theinvestigation), problemanother yousite mustmay followbe used for the procedurescollection, ofif §the 40.205(b)(2).
[65
collection FRis 79526,performed Dec.by 19,a 2000,collector aswho amendedhas atbeen 66trained to collect oral fluid specimens in accordance with this part and the manufacturer's procedures for the collection device.
[88
FR 4195027640, Aug.May 92, 20012023]

(a) An oral fluid collection for a DOT drug test must take place in a collection site meeting the requirements of this section.

(b) If you are operating an oral fluid collection site:

(1) You must ensure that it meets the security requirements of § 40.48;

(2) The site may be a permanent or temporary facility located either at the work site or at a remote site;

(3) The site may be in a medical facility, a mobile facility (e.g., a van), a dedicated collection facility, or any other location meeting the requirements of this section; and

(4) You must have all necessary personnel, materials, equipment, and facilities that include privacy and supervision to provide for the collection, temporary storage, and shipping of specimens to a laboratory, and a suitable clean surface for writing.

(c) If a collection site is not accessible and there is an immediate requirement to collect an oral fluid specimen (e.g., an accident investigation), another site may be used for the collection, if the collection is performed by a collector who has been trained to collect oral fluid specimens in accordance with this part and the manufacturer's procedures for the collection device.

[88 FR 27640, May 2, 2023]

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. [88 FR 27640, May 2, 2023]
  2. [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]
  3. Oct. 1, 2001 → May 2, 2023annual editions 2001–2016
    [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]

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.