§ 40.69 How is a monitored urine collection conducted?
Current wording, effective June 10, 2026.
(a) ThisAs sectionstated setsin forth§ procedures40.42(f)(2), toif beyou followedare inconducting anya caseurine collection in whicha anmulti-stall employeerestroom isand unable,you orcannot allegessecure all sources of water and other substances that hecould orbe sheused isfor unableadulteration and substitution, toyou providemust anconduct amounta ofmonitored breathcollection. sufficientThis tois permitthe aonly validcircumstance breathin testwhich becauseyou ofmust conduct a medicalmonitored conditioncollection.
(b) TheAs BATthe shallcollector, againyou instructmust secure the employeeroom tobeing attemptused tofor providethe anmonitored adequatecollection amountso ofthat breath.no Ifone except the employee refusesand to make the attempt,monitor thecan BATenter shallit immediatelyuntil informafter the employercollection has been completed.
(c) IfAs the employeecollector, attemptsyou andmust failsensure tothat providethe anmonitor adequateis amountthe ofsame breathsex (i.e., themale BATor shallfemale), soas notethe inemployee, unless the “Remarks”monitor sectionis ofa themedical breathprofessional alcohol(e.g., testingnurse, formdoctor, andphysician's immediatelyassistant, informtechnologist, or technician licensed or certified to practice in the employer.jurisdiction
(d)Ifin which the employeecollection attemptstakes andplace). failsThe tomonitor providecan anbe adequatea amountdifferent ofperson breath,from the employercollector shalland proceedneed asnot follows:be
(1)[Reserved]a qualified collector.
(2d) TheAs employerthe shallcollector, directif thesomeone employeeelse is to obtain,monitor asthe sooncollection as(e.g., practicalin afterorder theto attemptedensure provisiona ofsame-sex breathmonitor), anyou evaluationmust fromverbally ainstruct licensedthat physicianperson whoto isfollow acceptablethe toprocedures theof employerparagraphs concerning(d) theand employee's(e) medicalof abilitythis tosection. provideIf anyou, adequatethe amountcollector, ofare breaththe monitor, you must follow these procedures.
(ie) 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. anSee adequate§§ amount40.63(e), of40.65(c), breathand shall40.67(c)(2)(3)).
(f) 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.
(iig) 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).
(ih) 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 taketest.
[65 aFR test79526, Dec. The19, licensed2000, physicianas shallamended provideat a66 writtenFR statement41951, ofAug. the9, basis2001; for88 hisFR or27641, herMay conclusion2, to2023; the91 employer.FR 25511, May 11, 2026]
(a) As stated in § 40.42(f)(2), if you are conducting a urine collection in a multi-stall restroom and you cannot secure all sources of water and other substances that could be used for adulteration and substitution, you must conduct a monitored collection. This is the only circumstance in which you must conduct a monitored collection.
(b) 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.
(c) As the collector, you must ensure that the monitor is the same sex (i.e., male or female), 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.
(d) As the collector, if someone else is to monitor the collection (e.g., in order to ensure a same-sex 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.
(e) 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(c)(2)(3)).
(f) 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.
(g) 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).
(h) 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; 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 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. Set a case date in the header to read any earlier wording.