§ 40.69 How is a monitored collection conducted?
Wording in the annual edition revised as of Oct. 1, 2001, superseded May 2, 2023.
(a) ThisAs sectionthe setscollector, forthyou proceduresmust tosecure bethe followedroom inbeing anyused casefor inthe whichmonitored ancollection employeeso is unable, or alleges that heno orone sheexcept isthe unable,employee toand providethe anmonitor amountcan ofenter breathit sufficientuntil toafter permitthe acollection validhas breathbeen test because of a medical conditioncompleted.
(b) TheAs BATthe shallcollector, againyou instructmust theensure employeethat tothe attemptmonitor tois providethe ansame adequategender amountas ofthe breath.employee, Ifunless the employeemonitor refusesis toa makemedical theprofessional attempt(e.g., thenurse, BATdoctor, shallphysician's immediatelyassistant, informtechnologist, theor employer.technician
(c)Iflicensed theor employeecertified attempts and fails to providepractice anin adequatethe amountjurisdiction ofin breath,which the BATcollection shalltakes soplace). noteThe inmonitor thecan “Remarks”be sectiona ofdifferent theperson breathfrom alcoholthe testingcollector form and immediatelyneed informnot thebe employera qualified collector.
(dc) IfAs the employeecollector, attemptsif andsomeone failselse is to providemonitor anthe adequatecollection amount of breath(e.g., thein employerorder shallto proceedensure asa follows:same-gender
(1)[Reserved]monitor),
(2Theyou employermust shallverbally directinstruct thethat employeeperson to obtain,follow as soon as practical after the attemptedprocedures provision of breath,paragraphs an(d) evaluationand from(e) aof licensedthis physiciansection. whoIf isyou, acceptable to the employercollector, concerningare the employee'smonitor, medicalyou abilitymust tofollow providethese an adequate amount of breathprocedures.
(id) IfAs the physician determinesmonitor, inyou hismust ornot herwatch reasonablethe medicalemployee judgment,urinate thatinto athe medicalcollection conditioncontainer. has,If oryou withhear asounds highor degreemake ofother probability,observations couldindicating have,an precludedattempt theto employeetamper fromwith providinga anspecimen, adequatethere amountmust ofbe breath,an theadditional employee'scollection failureunder todirect provideobservation an(see adequate§§ amount40.63(e), of40.65(c), breathand shall40.67(b)).
(e) notAs bethe deemedmonitor, ayou refusalmust toensure takethat athe test.employee Thetakes physicianthe shallcollection providecontainer directly to the employercollector aas writtensoon statementas of the basisemployee forhas hisexited orthe her conclusionenclosure.
(iif) IfAs the licensed physiciancollector, inwhen hissomeone orelse herhas reasonableacted medicalas judgmentthe monitor, isyou unablemust tonote makethat person's name in the determination“Remarks” setline forthof inthe paragraphCCF (d)(Step 2).
(ig) ofAs this section the employee's failurebeing tested, if you decline to providepermit ana adequatecollection amountauthorized ofunder breaththis shallsection to be regardedmonitored, asit is a refusal to take a test.
[65 TheFR licensed79526, physicianDec. shall19, provide2000, aas writtenamended statementat of66 theFR basis41951, forAug. his9, or her conclusion to the employer.2001]
(a) As the collector, you must secure the room being used for the monitored collection so that no one except the employee and the monitor can enter it until after the collection has been completed.
(b) As the collector, you must ensure that the monitor is the same gender as the employee, unless the monitor is a medical professional (e.g., nurse, doctor, physician's assistant, technologist, or technician licensed or certified to practice in the jurisdiction in which the collection takes place). The monitor can be a different person from the collector and need not be a qualified collector.
(c) As the collector, if someone else is to monitor the collection (e.g., in order to ensure a same-gender monitor), you must verbally instruct that person to follow the procedures of paragraphs (d) and (e) of this section. If you, the collector, are the monitor, you must follow these procedures.
(d) As the monitor, you must not watch the employee urinate into the collection container. If you hear sounds or make other observations indicating an attempt to tamper with a specimen, there must be an additional collection under direct observation (see §§ 40.63(e), 40.65(c), and 40.67(b)).
(e) As the monitor, you must ensure that the employee takes the collection container directly to the collector as soon as the employee has exited the enclosure.
(f) As the collector, when someone else has acted as the monitor, you must note that person's name in the “Remarks” line of the CCF (Step 2).
(g) As the employee being tested, if you decline to permit a collection authorized under this section to be monitored, it is a refusal to test.
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, 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 41951, 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 41951, Aug. 9, 2001; 88 FR 27641, May 2, 2023]
- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001; 88 FR 27641, May 2, 2023]
- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001]
- [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41951, Aug. 9, 2001]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
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.