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Historical textIn force on Oct. 1, 2001Source: annual CFR editions 2001–2009

§ 40.63 What steps does the collector take in the collection process before the employee provides a urine specimen?

Wording in the annual edition revised as of Oct. 1, 2001, superseded by the 2010 annual edition.

govinfo, 2001 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2001 edition's wording. An amendment that took effect between Oct. 1, 2001 and Oct. 1, 2001 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 2001 wording+290 added−710 removedHide

(a)As The BAT shall complete Step 1 on the Breathcollector, Alcoholyou Testingmust Form.take The employee shall then complete Step 2 on the form,following signingsteps thebefore certification. Refusal by the employee toprovides sign this certification shall be regarded as a refusal to take the test.urine specimen:
(ba) AnComplete individually-sealedStep mouthpiece1 shall be opened in view of the employee and BAT and attached to the EBT in accordance with the manufacturer's instructionsCCF.
(cb) TheInstruct BAT shall instruct the employee to blowwash forcefullyand intodry thehis mouthpiece for at least 6 seconds or untilher thehands EBTat indicatesthis thattime. anYou adequatemust amounttell of breath has been obtained.
(d)(1) If the EBTemployee does not meet the requirements of § 40.53(b) (1) through (3), the BAT shall ensure, before a screening test is administered to eachwash employee,his that he or sheher andhands theagain employeeuntil readafter delivering the sequentialspecimen testto number displayed on the EBTyou. TheYou BATmust shallnot recordgive the displayedemployee result,any testfurther number,access testingto device,water serialor numberother ofmaterials thethat testingcould device,be andused timeto inadulterate Stepor #dilute ofa the formspecimen.
(2c) If the EBT does not meet the requirements of § 40.53(b)(1) through (3)Select, theor BATallow and the employee shallto takeselect, thean followingindividually steps:
(i)wrapped Showor thesealed employeecollection thecontainer resultfrom displayedcollection onkit the EBTmaterials. TheEither BATyou shallor record the displayed resultemployee, testwith number,both testing device, serial number of theyou testing devicepresent, timemust andunwrap quantifiedor resultbreak in Step 3 of the form.
(ii)seal Record the test number, date of the test,collection namecontainer. ofYou themust BAT,not location,unwrap andor quantifiedbreak test result in the logseal book.on Theany employeespecimen shallbottle initialat thethis log book entrytime.
(3) IfYou themust EBT provides a printed result, but does not printallow the resultsemployee directlyto ontotake theanything form,from the BATcollection shallkit showinto the employeeroom theused resultfor displayedurination onexcept the EBTcollection container.
(d) TheDirect BAT shall then affix the testemployee resultto printoutgo tointo the breathroom alcoholused testfor form in the designated spaceurination, usingprovide a methodspecimen thatof willat provideleast clear45 evidence of removal (e.g.mL, tamper-evidentnot tape).
(4)flush If the EBTtoilet, printsand thereturn testto resultsyou directlywith onto the form,specimen theas BATsoon shallas show the employee thehas resultcompleted displayed on the EBTvoid.
(e)(1) InExcept any case in which the resultcase of thean screeningobserved testor is a breathmonitored alcoholcollection concentration(see of§§ less than 040.02,67 the BAT shall date the form and sign the certification in Step 3 of the form40.69 The), employeeneither shallyou signnor theanyone certificationelse andmay fillgo ininto the dateroom inwith Step 4 of the formemployee.
(2) NoAs further testing is authorized. The BAT shall transmit the resultcollector, ofyou lessmay thanset 0.02 to the employer in a confidentialreasonable manner,time andlimit thefor employer shall receive and store the information so as to ensure that confidentiality is maintained as required by § 40voiding.81.
(3e) IfYou themust employeepay doescareful notattention signto the certificationemployee induring Step 4 of the formentire forcollection aprocess test, it shall not be considered a refusal to benote tested.any Inconduct thisthat event,clearly theindicates BATan shallattempt note the employee's failure to signtamper inwith the “Remarks” section of the form.
(4) If a testspecimen result printed by the EBT (seee.g., paragraphsubstitute (d)(3)urine orin (d)(4)plain ofview this section) does not match the displayed result, or ifan aattempt sequential test number printed by the EBT does not match the sequential test number displayed by the EBT prior to thebring screeninginto test (see paragraph (d)(1) of this section), the BATcollection shallsite notean theadulterant disparityor inurine the “Remarks” sectionsubstitute). BothIf theyou employeedetect andsuch the BAT shall initial and sign the notation. In accordance with § 40.79conduct, theyou testmust isrequire invalidthat and the employee shall be so advised.
(f) If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmationcollection testtake shallplace beimmediately performedunder asdirect providedobservation in(see § 40.65.
(g67 ) If the confirmation test will be conducted by a different BAT, the BAT who conducts the screening test shall complete and signnote the formconduct and log book entry. The BAT will provide the employeefact withthat Copy 2 of the form.
(h)collection Ifwas theobserved confirmationin test will be conducted at a different site from the screening“Remarks” test,line the employer or its agent shall ensure that—
(1) The employee is advised against taking any of the actionsCCF mentioned in the first sentence of § 40.65(b)Step of this part;
(2). TheYou employee is advised that he or she must not drivealso, performas safety-sensitivesoon duties,as or operate heavy equipmentpossible, asinform noted in Block 4 of the alcoholDER testing form; and
(3) Thecollection employeesite issupervisor underthat observation of a BAT,collection STT,took orplace otherunder employerdirect personnelobservation whileand in transit from the screeningreason testfor sitedoing to the confirmation test siteso.
[59 FR 7357, Feb. 15, 1994, as amended at 59 FR 43001, Aug. 19, 1994; 60 FR 19679, Apr. 20, 1995]

49 CFR § 40.63 — What steps does the collector take in the collection process before the employee provides a urine specimen?. Text in force on October 1, 2001. This wording effective October 1, 2001 to October 1, 2010. Source: govinfo, 2001 edition, https://www.govinfo.gov/app/details/CFR-2001-title49-vol1/CFR-2001-title49-vol1-sec40-63. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.63?asof=2001-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

As the collector, you must take the following steps before the employee provides the urine specimen:

(a) Complete Step 1 of the CCF.

(b) Instruct the employee to wash and dry his or her hands at this time. You must tell the employee not to wash his or her hands again until after delivering the specimen to you. You must not give the employee any further access to water or other materials that could be used to adulterate or dilute a specimen.

(c) Select, or allow the employee to select, an individually wrapped or sealed collection container from collection kit materials. Either you or the employee, with both of you present, must unwrap or break the seal of the collection container. You must not unwrap or break the seal on any specimen bottle at this time. You must not allow the employee to take anything from the collection kit into the room used for urination except the collection container.

(d) Direct the employee to go into the room used for urination, provide a specimen of at least 45 mL, not flush the toilet, and return to you with the specimen as soon as the employee has completed the void.

(1) Except in the case of an observed or a monitored collection (see §§ 40.67 and 40.69 ), neither you nor anyone else may go into the room with the employee.

(2) As the collector, you may set a reasonable time limit for voiding.

(e) You must pay careful attention to the employee during the entire collection process to note any conduct that clearly indicates an attempt to tamper with a specimen (e.g., substitute urine in plain view or an attempt to bring into the collection site an adulterant or urine substitute). If you detect such conduct, you must require that a collection take place immediately under direct observation (see § 40.67 ) and note the conduct and the fact that the collection was observed in the “Remarks” line of the CCF (Step 2). You must also, as soon as possible, inform the DER and collection site supervisor that a collection took place under direct observation and the reason for doing so.

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 59107, Sept. 27, 2010; 88 FR 27641, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 59107, Sept. 27, 2010]
  3. Oct. 1, 2010 → May 2, 2023annual editions 2010–2016diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 59107, Sept. 27, 2010]
  4. Oct. 1, 2001 → Oct. 1, 2010annual editions 2001–2009diff vs. previousviewing
  5. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
    [59 FR 7357, Feb. 15, 1994, as amended at 59 FR 43001, Aug. 19, 1994; 60 FR 19679, Apr. 20, 1995]

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.