§ 40.65 What does the collector check for when the employee presents a specimen?
Wording in the annual edition revised as of Oct. 1, 2001, superseded May 2, 2023.
(a)As If a BATcollector, otheryou thanmust thecheck one who conducted the screeningfollowing testwhen is conducting the confirmationemployee test,gives the newcollection BATcontainer shallto follow the procedures of § 40.61.you:
(ba) TheSufficiency BATof shallspecimen. instructYou themust employeecheck not to eat,ensure drink,that putthe anyspecimen objectcontains orat substanceleast in45 hismL orof herurine.
(1) mouth,If and,it todoes the extent possiblenot, notyou belchmust duringfollow a“shy waitingbladder” periodprocedures before(see the§ confirmation test40.193(b)).
(2) ThisWhen timeyou periodfollow begins“shy withbladder” the completion of the screening testprocedures, andyou shallmust notdiscard be less than 15 minutes. The confirmation test shall be conducted within 30 minutes of the completionoriginal ofspecimen, theunless screeninganother test.problem The BAT shall explain to the employee the reason for this requirement (i.e., totemperature preventout any accumulation of mouthrange, alcoholsigns leadingof to an artificially high readingtampering) andalso the fact that it is for the employee's benefitexists.
(3) TheYou BATare shallnever alsopermitted explainto thatcombine theurine testcollected willfrom beseparate conductedvoids atto thecreate enda ofspecimen.
(4) theYou waitingmust period,discard evenany ifexcess theurine.
(b) employee has disregarded the instructionTemperature. IfYou themust BATcheck becomes aware that the employeetemperature has not complied with this instruction, the BAT shall so note in the “Remarks” section of the form.specimen Ifno thelater BAT conducts the confirmation test more than 30four minutes after the resultemployee of the screening test has beengiven obtained,you the BATspecimen.
(1) shallThe noteacceptable intemperature therange “Remarks”is section32-38 of°C/90-100 the°F.
(2) formYou themust timedetermine thatthe elapsedtemperature betweenof the screeningspecimen andby confirmationreading tests and the reasontemperature whystrip theattached confirmationto test could not be conducted within 30 minutes of the screeningcollection testcontainer.
(c3)(1) If a BAT other than the onespecimen whotemperature conducted the screening test is conductingwithin the confirmationacceptable testrange, theyou newmust BATmark shallthe initiate“Yes” abox new Breath Alcohol Testing form. The BAT shall complete Step 1 on the form.CCF The employee shall then complete (Step 2).
(4) onIf the form,specimen signingtemperature theis certification.outside Refusal by the employeeacceptable torange, signyou thismust certificationmark shall be regarded as a refusal to take the test.“No” Thebox BATand shallenter note in the “Remarks” sectionline of(Step the2) formyour thatfindings aabout different BAT conducted the screening testtemperature.
(25) InIf allthe cases,specimen thetemperature proceduresis ofoutside §the 40.63acceptable (a)range, (b),you andmust (c)immediately shallconduct bea followed. A new mouthpiececollection shallusing bedirect usedobservation forprocedures the(see confirmation§ test40.67).
(d6) BeforeIn thea confirmationcase testwhere isa administeredspecimen foris eachcollected employee,under thedirect BATobservation shallbecause ensureof that the EBTtemperature registersbeing 0.00out onof anrange, airyou blank.must Ifprocess both the readingoriginal isspecimen greaterand than 0.00, the BATspecimen shallcollected conductusing onedirect moreobservation airand blank.send If the readingtwo issets greaterof thanspecimens 0.00,to testingthe shalllaboratory. notThis proceedis usingtrue thateven instrument,in whicha shallcase bein takenwhich outthe oforiginal service.specimen However,has testinginsufficient mayvolume proceedbut onthe anothertemperature instrument.is Any EBT taken out of servicerange. becauseYou ofmust failurealso, toas performsoon anas airpossible, blankinform accuratelythe shallDER notand becollection usedsite forsupervisor testingthat until a checkcollection oftook externalplace calibrationunder isdirect completedobservation and the EBTreason isfor founddoing to be within tolerance limitsso.
(e7) BeforeIn thea confirmationcase testwhere is administered for each employee, the BAT shall ensure that he or she and the employee readrefuses theto sequentialprovide testanother numberspecimen displayed(see by§ the EBT40.fa)(3)) Inor therefuses event that the screening and confirmation test results are not identical, the confirmation test result is deemed to beprovide theanother finalspecimen result upon which any action under operatingdirect administrationobservation rules(see shall§ be based40.ga)(14)), Ifyou themust EBTnotify providesthe aDER. printedAs result,soon butas doesyou nothave printnotified the results directly onto the formDER, theyou BATmust shalldiscard showany specimen the employee thehas resultprovided displayedpreviously onduring the EBTcollection procedure.
(c) TheSigns BATof shalltampering. thenYou affixmust theinspect test result printout to the breathspecimen alcoholfor testunusual form in the designated spacecolor, usingpresence aof methodforeign thatobjects willor providematerial, clearor evidenceother signs of removaltampering (e.g., tamper-evidentif tape).you
(2)Ifnotice theany EBTunusual prints the test results directly onto the form, the BAT shall show the employee the result displayed on the EBTodor).
(h)(1) FollowingIf theit completionis ofapparent thefrom test,this theinspection BATthat shall date the form and sign the certification in Step 3 of the form. The employee shallhas signtampered thewith certification and fill in the datespecimen in Step 4 of the form.(2)e.g., Ifblue thedye employee does not sign the certification in Step 4 of the formspecimen, itexcessive shallfoaming notwhen beshaken, consideredsmell aof refusal to be tested. In this eventbleach), theyou BATmust shallimmediately noteconduct the employee's failure to sign in the “Remarks” section.a
(3) If testnew resultcollection printedusing bydirect theobservation EBTprocedures (see paragraph§ (g40.67).
(1) or (g)(2) ofIn thisa section)case doeswhere not match the displayed result, or if a sequentialspecimen testis numbercollected printedunder bydirect theobservation EBTbecause doesof notshowing matchsigns the sequential test number displayed by the EBT prior to the confirmation test (see paragraph (e) of this section)tampering, theyou BATmust shallprocess noteboth the disparityoriginal inspecimen theand “Remarks” section. Both the employeespecimen andcollected theusing BATdirect shallobservation initial and signsend the notation.two Insets accordanceof withspecimens §to 40.79, the test is invalid and the employee shall be so advisedlaboratory.
(i)TheThis BATis shalltrue transmiteven all results to the employer in a confidentialcase manner.in
(1)Eachwhich employer shall designate one or more employer representatives for the purposeoriginal ofspecimen receivinghas andinsufficient handlingvolume alcoholbut testingit resultsshows insigns a confidential manner. All communications by BATs to the employer concerning the alcohol testing results of employees shall be to a designated employer representativetampering.
(2)SuchYou transmissionmust may be in writing (the employer copy (Copy 1) of the breath alcohol testing form)also, inas personsoon oras by telephone or electronic meanspossible, butinform the BATDER shalland ensurecollection immediatesite transmissionsupervisor tothat thea employercollection oftook resultsplace thatunder requiredirect theobservation employerand to prevent the employeereason fromfor performingdoing a safety-sensitive functionso.
(3) IfIn thea initialcase transmissionwhere is not in writing (e.g., by telephone), the employeremployee shallrefuses establish a mechanism to verifyprovide thea identityspecimen ofunder thedirect BATobservation providing(see the§ information40. If the initial transmission is not in writing), theyou BATmust shalldiscard followany thespecimen initial transmission by providing to the employeremployee theprovided employer'spreviously copyduring of the breathcollection alcohol testing formprocedure. TheThen employeryou shallmust storenotify the informationDER so as tosoon ensure that confidentiality is maintained as required by § 40practicable.81.
[5965 FR 735779526, FebDec. 1519, 19942000, as amended at 5966 FR 4300241950, Aug. 199, 1994; 60 FR 19679, Apr. 20, 19952001]
As a collector, you must check the following when the employee gives the collection container to you:
(a) Sufficiency of specimen. You must check to ensure that the specimen contains at least 45 mL of urine.
(1) If it does not, you must follow “shy bladder” procedures (see § 40.193(b)).
(2) When you follow “shy bladder” procedures, you must discard the original specimen, unless another problem (i.e., temperature out of range, signs of tampering) also exists.
(3) You are never permitted to combine urine collected from separate voids to create a specimen.
(4) You must discard any excess urine.
(b) Temperature. You must check the temperature of the specimen no later than four minutes after the employee has given you the specimen.
(1) The acceptable temperature range is 32-38 °C/90-100 °F.
(2) You must determine the temperature of the specimen by reading the temperature strip attached to the collection container.
(3) If the specimen temperature is within the acceptable range, you must mark the “Yes” box on the CCF (Step 2).
(4) If the specimen temperature is outside the acceptable range, you must mark the “No” box and enter in the “Remarks” line (Step 2) your findings about the temperature.
(5) If the specimen temperature is outside the acceptable range, you must immediately conduct a new collection using direct observation procedures (see § 40.67).
(6) In a case where a specimen is collected under direct observation because of the temperature being out of range, you must process both the original specimen and the specimen collected using direct observation and send the two sets of specimens to the laboratory. This is true even in a case in which the original specimen has insufficient volume but the temperature is out of range. 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.
(7) In a case where the employee refuses to provide another specimen (see § 40.191(a)(3)) or refuses to provide another specimen under direct observation (see § 40.191(a)(4)), you must notify the DER. As soon as you have notified the DER, you must discard any specimen the employee has provided previously during the collection procedure.
(c) Signs of tampering. You must inspect the specimen for unusual color, presence of foreign objects or material, or other signs of tampering (e.g., if you notice any unusual odor).
(1) If it is apparent from this inspection that the employee has tampered with the specimen (e.g., blue dye in the specimen, excessive foaming when shaken, smell of bleach), you must immediately conduct a new collection using direct observation procedures (see § 40.67).
(2) In a case where a specimen is collected under direct observation because of showing signs of tampering, you must process both the original specimen and the specimen collected using direct observation and send the two sets of specimens to the laboratory. This is true even in a case in which the original specimen has insufficient volume but it shows signs of tampering. 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.
(3) In a case where the employee refuses to provide a specimen under direct observation (see § 40.191(a)(4)), you must discard any specimen the employee provided previously during the collection procedure. Then you must notify the DER as soon as practicable.
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]
Amendment history
6 distinct wordings on file since Oct. 1, 1996- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 88 FR 27641, May 2, 2023; 91 FR 25511, May 11, 2026]
- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 88 FR 27641, May 2, 2023]
- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001; 88 FR 27641, May 2, 2023]
- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]
- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41950, Aug. 9, 2001]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000[59 FR 7357, Feb. 15, 1994, as amended at 59 FR 43002, 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.