§ 40.65 What does the collector check for when the employee presents a urine specimen?
Current wording, effective June 10, 2026.
(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 mouthpieceurine shallcollection beusing useddirect forobservation theprocedures confirmation(see test§ 40.
(dBeforeor thean confirmationoral testfluid iscollection.
(6) administeredIn fora eachcase employee,where thea BATspecimen shallis ensurecollected thatunder thedirect EBTobservation registersbecause 0.00of on an air blank. If the readingtemperature isbeing greaterout thanof 0.00range, theyou BATmust shallprocess conductboth onethe moreoriginal airspecimen blank.and If the readingspecimen iscollected greater than 0.00, testing shall not proceed using thatdirect instrument,observation which(including shalloral befluid) takenand outsend ofthe service.two However,sets testing may proceed on another instrument. Any EBT taken out of servicespecimens because of failure to performtheir anrespective airlaboratories. blankThis accuratelyis shalltrue noteven bein useda forcase testingin untilwhich athe checkoriginal ofspecimen externalhas calibrationinsufficient isvolume completed and the EBTtemperature is foundout toof be within tolerance limitsrange.
(e)BeforeYou themust confirmationalso, testas issoon administeredas for each employeepossible, inform the BATDER shalland ensurecollection thatsite hesupervisor orthat shea andcollection thetook employeeplace readunder thedirect sequentialobservation testand numberthe displayedreason byfor thedoing EBTso.
(f7) In thea eventcase thatwhere the screeningemployee andrefuses confirmationto testprovide resultsanother arespecimen not(see identical,§ the40.191(a)(3)) confirmationor testrefuses 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 formemployee andhas signtampered thewith certification in Step 3 of the formspecimen (e.g., Theblue employeedye shall sign the certification and fill in the datespecimen, inexcessive Stepfoaming 4when ofshaken, theor form.smell
(2)If the employee does not sign the certification in Step 4 of the formbleach), ityou shallmust notimmediately beconduct considered a refusalnew tourine becollection tested.using Indirect thisobservation event,procedures the(see BAT§ shall40.67) noteor thean employee'soral failurefluid to sign in the “Remarks” sectioncollection.
(32) IfIn a testcase resultwhere printeda byspecimen theis EBTcollected (seeunder paragraphdirect (g)(1)observation orbecause (g)(2) of thisshowing section)signs doesof not match the displayed resulttampering, oryou ifmust aprocess sequentialboth test number printed by the EBToriginal doesspecimen notand match the sequentialspecimen testcollected numberusing displayeddirect byobservation theand EBTsend prior to the confirmationtwo testsets (see paragraph (e) of thisspecimens section),to the BATlaboratory. shallThis noteis thetrue disparityeven in thea “Remarks”case section.in Bothwhich the employeeoriginal andspecimen thehas BATinsufficient shallvolume initialbut andit signshows thesigns notationof tampering. InYou accordancemust with § 40.79also, theas testsoon isas invalidpossible, andinform the employeeDER shalland becollection sosite advised.supervisor
(i)Thethat BATa shallcollection transmittook allplace resultsunder todirect theobservation employerand inthe areason confidentialfor mannerdoing so.
(13) EachIn employera shallcase designatewhere one or more employer representatives for the purposeemployee ofrefuses receivingto andprovide handling alcohol testing results in a confidentialspecimen manner.under Alldirect communicationsobservation by(see BATs§ to the employer concerning the alcohol testing results of employees shall be to a designated employer representative40.2a) Such transmission may be in writing (the employer copy (Copy 14) of the breath alcohol testing form), inyou personmust ordiscard byany telephonespecimen or electronic means, but the BATemployee shallprovided ensurepreviously immediateduring transmission to the employercollection ofprocedure. resultsThen thatyou requiremust thenotify employer to prevent the employeeDER fromas performingsoon aas safety-sensitive functionpracticable.
(3d) IfDirect the initial transmission is not in writing (eobservations.g., byIf telephone),a thenew employerurine shallcollection establishusing adirect mechanismobservation toprocedures verifyor thean identityoral offluid thecollection BATis providingrequired theunder information§ 40.4b)(5) Ifor the initial transmission is not in writing(c)(1), theyou BATmust shallcheck followif the initialemployer transmissionhas bya providingstanding toorder theon employerwhich thespecimen employer'scollection copyto ofperform. theIf breaththere alcoholis testingno form.standing Theorder, employeryou shallmust storecontact the informationDER soon aswhether to ensurecontinue thatwith confidentialitya isdirectly maintainedobserved asurine requiredcollection byor §an 40oral fluid collection.81.
[5965 FR 735779526, FebDec. 1519, 19942000, as amended at 5966 FR 4300241950, Aug. 199, 19942001; 6088 FR 1967927641, Apr.May 202, 19952023; 91 FR 25511, May 11, 2026]
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 urine collection using direct observation procedures (see § 40.67) or an oral fluid collection.
(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 (including oral fluid) and send the two sets of specimens to their respective laboratories. This is true even in a case in which the original specimen has insufficient volume and 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, or smell of bleach), you must immediately conduct a new urine collection using direct observation procedures (see § 40.67) or an oral fluid collection.
(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.
(d) Direct observations. If a new urine collection using direct observation procedures or an oral fluid collection is required under § 40.65(b)(5) or (c)(1), you must check if the employer has a standing order on which specimen collection to perform. If there is no standing order, you must contact the DER on whether to continue with a directly observed urine collection or an oral fluid collection.
[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]
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. Set a case date in the header to read any earlier wording.